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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, November 17, 2025 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Please note that this regular meeting of the Renton City Council is being offered as a hybrid meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S Grady Way, Renton, 98057 or remotely through Zoom. For those wishing to attend by Zoom: Please (1) click this link https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215- 8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Registration for Audience Comment: Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting.  Request to Speak Registration Form: o Click the link or copy/paste the following URL into your browser: https://forms.rentonwa.gov/Forms/registertospeakform  You may also call 425-430-6501 or email counciladmin@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message.  A sign-in sheet is also available for those who attend in person. Video on Demand: Please click the following link to stream Council meetings live as they occur, or to select previously recorded meetings: Renton Channel 21 Video on Demand 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. ADMINISTRATIVE REPORT a) Administrative Report 4. AUDIENCE COMMENTS  All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow-up.  Speakers must sign-up prior to the Council meeting.  Each speaker is allowed three minutes.  When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for or against any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 5. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of November 10, 2025. Council Concur b) AB - 3976 Mayor Pavone recommends confirmation of his reappointment of Josephine Bayan to the Planning Commission with a term expiring January 31, 2029. Council Concur c) AB - 3979 Community & Economic Development Department submits the 2026 Lodging Tax Fund allocations as recommended by the Lodging Tax Advisory Committee, and recommends execution of the contracts to implement the proposed marketing and tourism initiatives. Refer to Committee of the Whole d) AB - 3980 Finance Department recommends adoption of an ordinance amending Renton Municipal Code (RMC) 5.5 to increase the threshold on the business license requirement for out-of-city businesses, effective January 1, 2026. Refer to Finance Committee e) AB - 3981 Finance Department recommends adoption of an ordinance amending Renton Municipal Code (RMC) 5.25 to align with the local business and occupation (B&O) tax model ordinance (SB 5814), effective January 1, 2026. Refer to Finance Committee f) AB - 3982 Finance Department submits a utility bill adjustment request from UDRT/Hilltop 30003, owner of a multi-family unit located at 500 Monroe Ave NE, and recommends adjusting the account in the amount of $5,268.62 for excess consumption caused by a qualified water line leak in accordance with Renton Municipal Code (RMC) 8- 4-46 and 8-5-23. Refer to Finance Committee g) AB - 3965 Parks & Recreation Department recommends execution of an agreement with Northwest Playground Equipment, Inc., in the amount of $379,889.97 for the replacement of playground equipment at Highlands Park. Refer to Finance Committee h) AB - 3966 Parks & Recreation Department recommends execution of Amendment No. 3 to CAG-21-006, contractor GeoEngineers, Inc., in the amount of $198,531.64 for additional work for the Cedar River Trail and Bank Stabilization project. Refer to Finance Committee i) AB - 3968 Parks & Recreation Department recommends execution of an amendment to CAG-23-361, grantor Washington State Recreation and Conservation Office, to accept an additional $52,497 in grant funds for the Talbot Hill Reservoir Park Sport Courts project. Refer to Finance Committee j) AB - 3963 Public Works Facilities Division recommends execution of Amendment #1 to CAG-24-313, agreement with CCS Facility Services, in the amount of $402,270.12 to extend janitorial services at city park restrooms through November 30, 2026. Refer to Finance Committee k) AB - 3969 Public Works Transportation Systems Division reports bid opening on October 14, 2025 for CAG-25-290, Maplewood Sidewalk Rehabilitation project, and recommends awarding the contract to the lowest responsive and responsible bidder, Active Construction, Inc., in the amount of $732,732. Council Concur 6. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Transportation Committee: 1) Adaptive Signal Control at Maple Valley Hwy, Sunset Blvd, NE 3rd St; 2) Change Order No. 52 to CAG-22-163 with Pivetta Brother’s Construction, Inc. for the Rainier Ave S Corridor Improvements - Phase 4 Project; 3) Addendum 12-25 to LAG-87-001 with Boeing Employees Flying Association, Inc. b) Utilities Committee: 1) First Amendment to Water Supply Contract (CAG-11-093) between the City of Renton and the City of Seattle* 7. LEGISLATION Resolution: a) Resolution No. 4570: First Amendment to Inter Local Agreement with City of Seattle Water Supply Contract (See Item 6.b) Ordinance for second and final reading: a) Ordinance No. 6173: Amending RMC 4-2, 4-4, and 4-11 (Co-Living Housing) D-239 (First Reading 11/10/2025) 8. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 9. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 6:00 p.m. - 7th Floor - Conferencing Center Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings November 10, 2025 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, November 10, 2025 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Carmen Rivera, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ryan McIrvin, Council Position No. 4 Ed Prince, Council Position No. 5 Ruth Pérez, Council Position No. 6 Kim-Khánh Vǎn, Council Position No. 7 Councilmembers Absent: James Alberson, Jr., Council President MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL EXCUSE ABSENT COUNCIL PRESIDENT ALBERSON. CARRIED. ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Patrice Kent, Senior Assistant City Attorney Jason Seth, City Clerk Martin Pastucha, Public Works Administrator Maryjane Van Cleave, Parks & Recreation Department Administrator John Rupp, Parks & Trails Director Eric Perry, Government Affairs Manager Chief Jon Schuldt, Police Department Administrator Deputy Chief Ryan Rutledge, Police Department Deputy Chief Jeffery Hardin, Police Department Commander Chandler Swain, Police Department Attended Remotely: AGENDA ITEM #5. a) November 10, 2025 REGULAR COUNCIL MEETING MINUTES Judith Subia, Chief of Staff Kristi Rowland, Deputy CAO Kari Roller, Finance Administrator Matt Herrera, Planning Director SPECIAL PRESENTATION Police Department Awards: Chief Schuldt presented the Renton Police Department Life Saving Award to the following individuals: • Officers Ediger and Myers for their efforts related to an incident involving a victim at the Transit Center. • Officers Tamaivena and Cumming for their efforts related to an incident at Gene Coulon Memorial Beach Park. • Sergeant Theilman and Officer Nguyen for their efforts related to an incident involving a gunshot victim. ADMINISTRATIVE REPORT CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2025 and beyond. Items noted were: • On Thursday, October 30 at the Renton Highlands Park and Neighborhood Center, city staff joined Renton School District officials, community leaders, and HCP OneHealthPort, as they celebrated the success and continued growth of the Renton Student Health Hub. The Hub is a collaborative initiative aimed at improving student access to behavioral health and housing services and now serves all 26 schools in the Renton School District. The celebration marked a significant milestone in the program’s development, highlighting the power of cross-sector collaboration in addressing community needs. Future plans include exploring opportunities to build on this foundation and ensure every Renton student has access to the care and support needed to thrive. • Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS • Morgan Krueger, unknown, speaking on behalf of the Washington State Department of Fish and Wildlife, noted that the department's comments were not submitted in time to be included with the drafting of the Critical Areas Ordinance. She requested that all buffers for streams, lakes, rivers, etc. be a minimum of 100 feet. • Regina Weaver, Renton, noted that although maintenance had been out to fix the hot water issue at her apartment at The Reserve complex, she still did not have hot water. She asked that a professional be sent out to the complex to assess the issue. • Thy Nguyen, Renton, spoke again about The Reserve apartments and their alleged predatory towing practices. He urged further assistance from city officials. AGENDA ITEM #5. a) November 10, 2025 REGULAR COUNCIL MEETING MINUTES CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of November 3, 2025. Council Concur. b) AB - 3972 City Clerk recommended adoption of a resolution setting a public hearing on December 1, 2025, to consider the street vacation petition submitted by the Renton Regional Fire Authority for the vacation of unopened right-of-way located east of 158th Ave SE and south of NE 128th St. Council Concur; Set Public Hearing on December 1, 2025. c) AB - 3971 Community & Economic Development Department recommended adoption of an ordinance authorizing the acquisition of King County Parcel Nos. 3023059096, 3023059098, 3023059099, and 3023059091, including through the use of eminent domain and initiation of condemnation action, if necessary, which will be repurposed for the relocation of a Parks Maintenance Shop. Refer to Finance Committee. d) AB - 3962 Finance Department submitted a utility billing adjustment request for Trevi, LLC, owner of a multi-family property located at 333 Vuemont Pl NE, and recommends approval to adjust the account in the amount of $23,892.10 for excess water usage caused by a qualified water line leak in accordance with RMC 8-4-46 and 8-5-23. Refer to Finance Committee. e) AB - 3973 Public Works Airport recommended execution of Addendum 12-25 to LAG-87-001, lessee Boeing Employees Flying Association, Inc., which increases the annual lease revenue to $191,716.80 plus leasehold excise tax and includes updates to insurance coverage and lessor's current address. Refer to Transportation (Aviation) Committee. f) AB - 3957 Public Works Facilities Division recommended adoption of an ordinance extending the waiver of parking fees for periods of up to ten (10) hours at the City Center Parking Garage through December 31, 2026. Refer to Finance Committee. g) AB - 3961 Public Works Transportation Systems Division recommends execution of Change Order No. 52 to CAG-22-163, contractor Pivetta Brothers Construction, Inc., in the amount of $224,018.90, for additional work related to the Rainier Ave S Corridor Improvement - Phase 4 project. Refer to Transportation (Aviation) Committee. h) AB - 3964 Public Works Transportation Systems Division recommended execution of Amendment No. 4 to CAG-20-340, contractor Western Systems, in the amount of $123,200, for SCOOT (Split Cycle Offset Optimization Technique) services to support the installation and integration, and the purchase of vehicle detection equipment from Swarco in the amount of $133,683.60 for seven traffic signals. These signals are located at NE 3rd St from Monterrey Ave NE to Sunset Blvd, Sunset Blvd from NE 3rd St to I-405 on-ramp and Maple Valley Hwy/Bronson Way, and Bronson Way/Maple Valley Hwy from Factory Ave N/Houser Way to Cedar River Park Drive. This project expands the city's SCOOT system to 34 adaptive signal control intersections. Refer to Transportation (Aviation) Committee. i) AB - 3970 Public Works Utility Systems Division recommended adoption of a resolution authorizing execution of the First Amendment to CAG-11-093, contractor City of Seattle, that updates cost shares, redistributes cost savings, and continues to exempt the city from City of Seattle facilities charges. Refer to Utilities Committee. MOVED BY PÉREZ, SECONDED BY PRINCE, COUNCIL ADOPT THE CONSENT AGENDA AS PUBLISHED. CARRIED. AGENDA ITEM #5. a) November 10, 2025 REGULAR COUNCIL MEETING MINUTES UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Chair Pérez presented a report recommending approval of the following payments: 1. Accounts Payable – total payment of $7,803,650.92 for vouchers 100925, 101025, 10102025, 10152025, 10172025, 10212025, 10222025, 10242025, 10312025, 102220250, 103120250, 428907-428924, 428933-429273; payroll benefit withholding vouchers 7795-7804, 428925-428932; and no wire transfers. 2. Payroll – total payment of $2,166,798.56 for payroll vouchers that include 711 direct deposits and 4 checks. (10/01/25-10/15/25 pay period). MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee: Chair Pérez presented a report recommending concurrence in the staff recommendation to approve the 2026 Stop Loss (excess loss) insurance contract with Symetra, and authorize the mayor and city clerk to sign the implementing documents, when ready. Symetra has offered a renewal which included an increase to the individual deductible amount up to $300,000, saving $311,521 on the annual premium. This results in a total stop-loss premium of $1,267,282, just $4,278 more than the 2025 premium. MOVED BY PÉREZ, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Planning & Development Committee: Chair Prince presented a report recommending concurrence in the staff and Planning Commission recommendation to adopt the Critical Areas Ordinance Updates (Docket Group 19B, D-235) in compliance with the Washington State Growth Management Act. The Committee further recommends that the ordinance for this item be prepared and presented for first reading when it is complete. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Resolution: a) Resolution No. 4569: A resolution of the City of Renton, Washington, setting a public hearing date regarding vacation of the unopened right-of-way, East of 158th Ave SE and South of NE 128th St, bisecting King County Parcel No. 366450008 and between parcel nos. 3664500330 and 366450007, also referred as Renton Regional Fire Authority Street Vacation Petition, VAC- 25-001. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADOPT THE RESOLUTION AS PUBLISHED. CARRIED. AGENDA ITEM #5. a) November 10, 2025 REGULAR COUNCIL MEETING MINUTES Ordinance for first reading: b) Ordinance No. 6173: An ordinance of the City of Renton, Washington, amending Chapter 4-2 Sections 4-2-060, 4-2-080.A.6.D, 4-2-080.A.38, 4-2-080.A.39, 4-2-110.C.4, 4-2-110.F.12, and 4- 2-110.F.6; Chapter 4-4 Sections 4-4-080.F.10.E and 4-4-155; and Chapter 4-11 Sections 4-11- 010, 4-11-020, 4-11-030, 4-11-040, 4-11-200.V, and 4-11-200.W of the Renton Municipal Code, amending zoning regulations, repealing outdated terms, adding co-living housing definitions and standards, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) ADJOURNMENT MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED. TIME: 7:31 PM Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 10 Nov 2025 AGENDA ITEM #5. a) Council Committee Meeting Calendar November 10, 2025 November 17, 2025 Monday 4:15 p.m. Utilities Committee, Chair Văn Location: Council Conference Room/Videoconference 1. First Amendment to Water Supply Contract (CAG-11-093) between the City of Renton and the City of Seattle 2. Emerging Issues in Utilities CANCELED Public Safety Committee, Chair Rivera Committee meeting will be rescheduled to 11/24/25 5:00 p.m. Transportation Committee, Chair McIrvin Location: Council Conference Room/Videoconference 1. Adaptive Signal Control at Maple Valley Hwy, Sunset Blvd, NE 3rd St 2. Change Order No. 52 to CAG-22-163 with Pivetta Brother’s Construction, Inc. for the Rainier Ave S Corridor Improvements - Phase 4 Project 3. Addendum 12-25 to Lag-87-001 with Boeing Employees Flying Association Inc. 4. Emerging Issues in Transportation 6:00 p.m. Committee of the Whole, Chair Alberson Location: Conferencing Center 1. City Logo and Guidelines 7:00 p.m. Council Meeting Location: Council Chambers/Videoconference AGENDA ITEM #5. a) AB - 3976 City Council Regular Meeting - 17 Nov 2025 SUBJECT/TITLE: Reappointment to the Planning Commission RECOMMENDED ACTION: Council Concur DEPARTMENT: Mayor Pavone STAFF CONTACT: Linda Moschetti-Newing, Executive Assistant EXT.: 6520 FISCAL IMPACT SUMMARY: Reappointments to the Planning Commission have no fiscal impact. SUMMARY OF ACTION: Josephine Bayan’s term will expire on January 31, 2026. Ms. Bayan was initially appointed to the Planning Commission in January 2020 and then re-appointed in March 2023. Commissioner Bayan has served in leadership positions in 2023 as the Commission’s Vice Chair and in 2024 as Chair of the Commission. Over the years, Commissioner Bayan has consistently demonstrated a strong understanding of and commitment to the City’s mission statement, Business Plan goals, and the goals of the Comprehensive Plan. She has also shown exceptional ability to analyze detailed information and effectively balance the sometimes competing objectives presented to the Commission. She has communicated her strong desire to continue her commitment to the Planning Commission. EXHIBITS: A. Recommendation Memo STAFF RECOMMENDATION: I recommend Ms. Bayan be reappointed to the Planning Commission to a three-year term, expiring January 31, 2029. AGENDA ITEM #5. b) https://cityofrentonwa.sharepoint.com/sites/ced/shared documents/general/planning/long range planning/planning commission/appointments/2025/jbayan reappointment 2025.doc DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: November 6, 2025 TO: Armondo Pavone, Mayor FROM: Gina Estep, CED Administrator SUBJECT: Reappointment of Josephine Bayan to the Planning Commission Josephine Bayan’s term will expire on January 31, 2026. Josephine Bayan was initially appointed to the Planning Commission in January 2020 and then re-appointed in March 2023. Commissioner Bayan has served in leadership positions in 2023 as the Commission’s Vice Chair and in 2024 as Chair of the Commission. Over the years, Commissioner Bayan has consistently demonstrated a strong understanding of and commitment to the City’s mission statement, Business Plan goals, and the goals of the Comprehensive Plan. She has also shown exceptional ability to analyze detailed information and effectively balance the sometimes competing objectives presented to the Commission. She has communicated her strong desire to continue her commitment to the Planning Commission. I recommend that Josephine Bayan be reappointed to a new three-year term, expiring on January 31, 2029. AGENDA ITEM #5. b) AB - 3979 City Council Regular Meeting - 17 Nov 2025 SUBJECT/TITLE: Allocation of Lodging Tax Funding for 2026 RECOMMENDED ACTION: Refer to Committee of the Whole DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Amanda Free, Economic Development Director EXT.: x7369 FISCAL IMPACT SUMMARY: Expenditure Required: $900,000 SUMMARY OF ACTION: The Lodging Tax Advisory Committee (LTAC) convened in September to review and establish the timeline for the 2026 Lodging Tax Fund application process. The application period closed on October 24, 2025, resulting in the submission of twenty applications requesting a total of $1,446,444 in funding. The 2026 funding cycle is particularly significant as Renton will play a key role in hosting the Summer of Soccer, part of the FIFA World Cup™, welcoming international visitors and showcasing our community on a global stage. This presents a unique opportunity to enhance Renton’s identity as a diverse, vibrant, and visitor- friendly destination. Strategic investment of Lodging Tax funds is critical to maximizing economic and tourism impact. Based on its review, the Lodging Tax Advisory Committee recommends that the Renton City Council approve expenditures from the 2026 Lodging Tax Fund as follows: Applicant Program/Event Recommended Funding City of Renton – Economic Development Division Renton Community Marketing Campaign $100,000 Emerald Dynasty Entertainment Niu Wave Festival $55,000 Evergreen Tabletop Expo Renton City Retro $20,000 Renton Chamber of Commerce Renton Visitors Center $75,000 Renton Chamber of Commerce BFFs and Bubbly $30,000 WA Therapy Fund Foundation Reclaiming Wellness Conference $20,000 City of Renton / Legacy Square Community Programming (June–October 2026) $600,000 Total Recommendation: $900,000 EXHIBITS: AGENDA ITEM #5. c) A. Issue Paper_2026 LTAC Allocations B. 2026 LTAC Applicant Summary STAFF RECOMMENDATION: Authorize the 2026 Lodging Tax Fund allocations as recommended by the Lodging Tax Advisory Committee, and grant the Mayor and City Clerk authority to execute contracts with successful applicants to implement the proposed marketing and tourism initiatives. AGENDA ITEM #5. c) DATE: November 10, 2025 TO: James Alberson, Jr., Council President Members of Renton City Council CC: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer FROM: Amanda Free, Director of Economic Development x7369 STAFF CONTACT: Amanda Free, Director of Economic Development SUBJECT: Allocation of Lodging Tax Funding for 2026 ISSUE The City Council is asked to consider the allocation of Lodging Tax funds to support tourism marketing, cultural activities, and the development or operation of tourism-related facilities, as recommended by the Renton Lodging Tax Advisory Committee (LTAC). The 2026 funding cycle is particularly significant because Renton will play a key role in hosting the Summer of Soccer, part of the FIFA World Cup™, welcoming international visitors and showcasing our community on a global stage. This event presents a unique opportunity to strengthen Renton’s identity as a diverse, vibrant, and visitor-friendly destination, making strategic investment of lodging tax funds critical to maximizing economic and tourism impact. RECOMMENDATION Staff recommends that the City Council: 1. Endorse the Lodging Tax Advisory Committee’s recommendation to allocate $900,000 in lodging tax funding for 2026, as detailed in the attached matrix. 2. Authorize the Mayor and City Clerk to execute contracts with successful applicants for the disbursement of budgeted funds to support the proposed marketing and event initiatives. BACKGROUND AND RATIONALE Pursuant to RCW 67.28.1817, the City of Renton has established the Lodging Tax Advisory AGENDA ITEM #5. c) Addressee Name Page 2 of 3 November 10, 2025 Committee to advise the City Council on lodging tax fund allocations. The Committee, chaired by Councilmember Alberson, includes Cathy Martinez (Legacy Hospitality – Hampton), Scott Lane (Hyatt Regency Lake Washington at Seattle’s Southport), and Menka Soni (AmPowering). State law requires that lodging tax funds be used for one or more of the following purposes: • Tourism marketing to attract visitors from outside the city • Marketing and operations of special events and festivals that generate overnight stays • Operations of tourism-related facilities owned or operated by nonprofit organizations • Operations or capital expenditures for tourism-related facilities owned by municipalities or public facilities districts Applications were made available on September 24, 2025, with a submission deadline of October 24, 2025. Following presentations from qualified applicants on November 6, 2025, the Committee finalized its recommendations. STRATEGIC PRIORITIES FOR 2026 The LTAC’s funding recommendations reflect key strategic priorities: • Maximizing Economic Impact: Focus on initiatives that drive overnight visitation and support local businesses during the Summer of Soccer. • Tourism Marketing and Visibility: Support campaigns and events that raise Renton’s regional and international profile. • Public Space Activation: Encourage engaging experiences, cultural events, and improvements that enhance visitor appeal. • Alignment with City Goals: Ensure funding advances the City’s Business Plan and Economic Development Strategic Plan. • Cross-Sector Collaboration: Promote partnerships among artists, cultural organizations, businesses, and municipal programs. • 2026 Summer of Soccer Focus: Prioritize proposals that attract out-of-area visitors, foster cross-promotions, enhance lasting infrastructure, and highlight Renton as a diverse and welcoming destination. RECOMMENDED 2026 LODGING TAX ALLOCATIONS Applicant Program/Event Recommended Funding City of Renton – Economic Development Division Renton Community Marketing Campaign $100,000 Emerald Dynasty Entertainment Niu Wave Festival $55,000 Evergreen Tabletop Expo Renton City Retro $20,000 Renton Chamber of Commerce Renton Visitors Center $75,000 Renton Chamber of Commerce BFFs and Bubbly $30,000 AGENDA ITEM #5. c) Addressee Name Page 3 of 3 November 10, 2025 Applicant Program/Event Recommended Funding WA Therapy Fund Foundation Reclaiming Wellness Conference $20,000 City of Renton / Legacy Square Community Programming (June–October 2026) $600,000 Total Recommendation: $900,000 These proposed expenditures fall below the projected fund balance in the 2025-2026 lodging tax fund. Staff commends the Committee for their comprehensive review of each application and confirms that their recommendations align with the goals of the City’s Business Plan and Economic Development Strategic Plan. AGENDA ITEM #5. c) Name of your organization Project or Event Title List the beginning date of your project List the end date of your project Project Summary Funding Amount requested Funding Recommendation AmPowering North America Fashion Week Saturday, September 26, 2026 Sunday, September 27, 2026 North America Fashion Week 2026 (NAFW) will bring international designers, models, and artists to Renton under the theme “Threads of Change”, highlighting sustainability, empowerment, and social impact. The event generates tourism, hotel stays, and local $40,000 $0 AmPowering Global Women Festival Friday, November 28, 2025 Sunday, November 29, 2026 Global Women Festival 2026 brings national and international delegates, artists, and guests to Renton, generating tourism, hotel stays, and local economic activity. The festival highlights women’s empowerment, leadership, and inclusion, while supporting local social $45,000 $0 Bhartiyam Bhartiyam Diwali Carnival Wednesday, July 1, 2026 Sunday, November 15, 2026 Ramlila – The Musical 2025 presents Bhartiyam’s 20th annual staging of the Ramayana in Renton, depicting Lord Rama’s life and the triumph of good over evil. The production combines traditional storytelling, music, dance, and contemporary performing arts to engage audiences of all ages. It promotes cultural understanding, unity, and appreciation of Indian heritage, connecting the Indian-American community with the broader Renton $29,500 $0 City of Renton - Community and Economic Development Legacy Square Activation Saturday, June 6, 2026 Saturday, October 31, 2026 Legacy Square Summer 2026 will activate downtown Renton during the 2026 FIFA World Cup with community events, FIFA match screenings, live entertainment, and family programming. The space features sports courts, gathering areas, art displays, and flexible vendor spaces.$600,000 $600,000 Elevate Pr Management Black Makers & Creatives Saturday, February 28, 2026 Sunday, March 1, 2026 Black Makers & Creatives Annual Showcase highlights Black artists, designers, and entrepreneurs in Renton. Held at Hyatt Regency Lake Washington, the event includes maker markets, art activations, and live performances.$19,000 $0 Elevate PR Management Juneteenth Weekend Friday, June 12, 2026 Sunday, June 14, 2026 Renton Juneteenth Weekend Celebration 2026 takes place June 12–14 and includes the Black Wine & Art Walk, Freedom Brunch, and the Annual Juneteenth Festival with live performances, local vendors, youth showcases, and community resources.$15,000 $0 Emerald Dynasty ENT. PolyFest (Niu Wave Festival)Friday, August 14, 2026 Sunday, August 16, 2026 Niu Wave Festival 2026 expands and rebrands Renton’s long-standing PolyFest into a multicultural celebration. The festival includes live performances, food and craft vendors, cultural showcases, and youth activities, highlighting Polynesian roots and welcoming other communities.$80,000 $55,000 Evergreen Tabletop Expo Renton city Retro - Evergreen Tabletop Friday, May 29, 2026 Sunday, May 31, 2026 Tabletop & Video Game Convention FIFA Themed 2026 is an annual community-centered event celebrating gaming and sports culture. The convention includes tournaments, interactive exhibits, panels, and a vendor showcase, highlighting local businesses, art, and gaming.$85,000 $20,000 House of Kala Nritya Tarang 2025 - Indian Classical Dance Competition and Showcase Saturday, September 19, 2026 Sunday, September 20, 2026 Nritya Tarang Bharatanatyam Competition 2026 in Renton, WA is a national student dance event featuring Bharatanatyam performers from across the U.S. Finalists advance from virtual auditions to in-person workshops and a public showcase. The event attracts out-of- state participants, supports overnight stays, and highlights Renton as a center for cultural arts.$10,000 $0 Melharmony Foundation Seattle Melharmony Festival Saturday, September 26, 2026 Sunday, September 27, 2026 Melharmony 2026 – Renton, WA is an international music collaboration concept by Chitravina N. Ravikiran, blending Indian classical melody with Western harmony. The event features performances by global and local artists, educational initiatives, and student collaborations. By hosting Melharmony in Renton, the program attracts visiting artists and audiences, supports overnight stays, and showcases the city as a hub for cross-cultural musical experiences.$50,000 $0 Mongolian Cultural Center Empowering Communities: National Nonprofit Leadership & Ethics Summit Tuesday, January 20, 2026 Tuesday, February 10, 2026 Nonprofit Leadership & Ethics Summit 2026 in Renton convenes 45 nonprofit professionals from Mongolian, Buryat, and immigrant organizations for three days of training, strategic planning, and networking to strengthen collaboration and sustainability.$5,000 $0 Mongolian Cultural Center Cultural Kickoff 2026: Spring Soccer & Heritage Festival Friday, April 10, 2026 Sunday, May 10, 2026 Cultural Kickoff 2026 is a three-day festival in Renton celebrating diversity with sports tournaments, a heritage market, gala, and family workshops.$5,000 $0 Randall Morris Foundation for Youth & Families Randall Morris Foundation Celebrity Golf Invitational Sunday, September 6, 2026 Monday, September 7, 2026 The Randall Morris Foundation will host the 20th Annual Celebrity Gala & Auction on September 6, 2026, and the Celebrity Golf Invitational on September 7 at Fairwood Golf and Country Club in Renton. These events bring celebrities and guests from across the country, generate hotel stays and tourism, and support at-risk youth and families in Renton through scholarships and community programs. Local businesses, including hotels, restaurants, and caterers, participate and provide services for the events. $80,000 $0 AG E N D A I T E M # 5 . c ) Renton Chamber of Commerce Renton Chamber of Commerce Visitors Center Thursday, January 1, 2026 Thursday, December 31, 2026 Renton Chamber of Commerce Visitors Center operates as the front door to Renton, providing travelers and residents with information on accommodations, dining, attractions, and events. The Center promotes local tourism, supports overnight stays, and highlights businesses through brochures, meetups, and special offers. It also hosts walking tours, cultural showcases, and community events.$104,944 $75,000 Renton Chamber of Commerce BFFs & Bubblys Friday, January 30, 2026 Sunday, February 1, 2026 BFFs & Bubbly 2026 is a two-night Galentine’s-themed hospitality and tourism event at the Hampton Inn & Suites Renton/Seattle. The weekend features local small businesses, wineries, wellness providers, and creative entrepreneurs offering interactive activations.$50,000 $30,000 Renton Community Marketing Campaign Renton Community Marketing Campaign Thursday, January 1, 2026 Thursday, December 31, 2026 The 2026 Renton Marketing Campaign builds on the launch of the new VisitRentonWA.com website, digital tools, and city logo to promote lodging, attractions, events, and cultural experiences. Features include partner listings, a dynamic blog, interactive calendars, UGC plugins, mobile app integration, SEO, and accessibility tools. With the 2026 FIFA World Cup spotlighting the region, ongoing marketing drives overnight stays, local spending, and lasting recognition of Renton as a premier destination.$100,000 $100,000 Sadhana Art2Master Showcase Friday, May 1, 2026 Saturday, October 31, 2026 Swaranritya 2026 offers free master art classes and showcases in Indian classical music and dance. The program features in-person and virtual sessions led by renowned master artists, making arts education accessible to all.$12,000 $0 Seattle Tabla Institute Free Indian classical music for the Renton community Sunday, March 15, 2026 Monday, November 30, 2026 The Seattle Tabla Institute provides free public programming each year, typically hosting 12+ events with over 2,000 participants and around 100 performers. In 2025, the Renton Carco Theatre event was well attended. The institute offers Hindustani classical music and dance to the local South Asian community and aims to expand free events in 2026, engaging hundreds of residents.$11,000 $0 Urban Family Center Association Summer in Skyway – Flag Football & Family Festival 2026 Monday, January 12, 2026 Wednesday, September 30, 2026 A multi-day community festival featuring flag football tournaments, family entertainment, local vendors, and cultural performances to celebrate Renton’s diversity and boost tourism during the 2026 Summer of Soccer.$75,000 $0 WA Therapy fund foundation Reclaiming Wellness Conference Thursday, October 9, 2025 Saturday, October 11, 2025 A two-day cultural wellness and mental health conference, July 9–11, 2026 at Hyatt Regency Lake Washington, bringing 500+ attendees from the U.S. and abroad.$30,000 $20,000 $1,446,444 $900,000 AG E N D A I T E M # 5 . c ) AB - 3980 City Council Regular Meeting - 17 Nov 2025 SUBJECT/TITLE: Amendment to Renton Municipal Code 5.5 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Finance Department STAFF CONTACT: Fred Hall, Tax & Licensing Manager EXT.: 6858 FISCAL IMPACT SUMMARY: Although the minimum business license threshold is for out-of-city or transient businesses, it is estimated to result in a decrease of licensing revenues by approximately $100K annually. SUMMARY OF ACTION: Engrossed House Bill (EHB) 2005 required cities to make changes to business licensing including requiring cities to establish a workgroup to create a model business license threshold. This included a mandatory definition of “engaging in business” and a gross revenue minimum threshold exemption to establish when out-of-city or transient businesses are required to be licensed. The model ordinance was adopted by all business license cities in 2019. This is the first time since the 2019 adoption that the cities are increasing the business licensing threshold. The workgroup was tasked by the business community to review the minimum business license threshold and has agreed to increase the threshold for those businesses with gross revenues of $2,000 or less to $4,000 or less for out-of-city or transient businesses along with the changes below:  Every four years thereafter, the threshold would have an automatic periodic increase based on cumulative inflation.  The rates of inflation would be calculated using the Consumer Price Index-U (CPI-U) Western for June of each year compared to the previous year for the previous four years.  The rate of inflation would be calculated as zero in any year in which inflation was negative and capped at 5% per year or 20% over four years inf inflation exceeded those amounts.  To make the threshold easier to administer, the cumulative inflation amount would be rounded to the nearest $100. Approving the minimum business license threshold indicates good faith by the cities amongst the business community for small businesses. The periodic four-year review of the minimum business license threshold using CPI-U inflation rate allows the cities to increase its threshold without continued ordinance change. EXHIBITS: A. Issue Paper B. Ordinance STAFF RECOMMENDATION: Adopt the ordinance amending Renton Municipal Code 5.5 to increase the threshold on the business license requirement for out-of-city businesses, effective 1/1/2026. AGENDA ITEM #5. d) DATE:November 17, 2025 TO:James Alberson, Jr., Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:Kari Roller, Administrator STAFF CONTACT:Fred Hall, Tax & Licensing Manager SUBJECT:Amendment to Renton Municipal Code 5.5 RECOMMENDATION Adopt the ordinance amending Renton Municipal Code 5.5 to increase the threshold on the business license requirement for out-of-city businesses, effective 1/1/2026. This amendment would increase the exemption threshold on license requirements for out of city businesses with gross revenues of $2,000 or less to $4,000 or less with an adjustment thereafter every four years. OVERVIEW Engrossed House Bill (EHB) 2005 required cities to make changes to business licensing including requiring cities to establish a workgroup to create a model business license threshold. This included a mandatory definition of “engaging in business” and a gross revenue minimum threshold exemption to establish when out-of-city or transient businesses are required to be licensed. The model ordinance was adopted by all business license cities in 2019. This is the first time since the 2019 adoption that the cities are increasing the business licensing threshold. The workgroup was tasked by the business community to review the minimum business license threshold and has agreed to increase the threshold for those businesses with gross revenues of $2,000 or less to $4,000 or less for out-of-city or transient businesses along with the changes below: •Every four years thereafter, the threshold would have an automatic periodic increase based on cumulative inflation. •The rates of inflation would be calculated using the Consumer Price Index-U (CPI-U) Western for June of each year compared to the previous year for the previous four years. AGENDA ITEM #5. d) James Alberson, Jr., Council President Members of Renton City Council Page 2 of 2 November 17, 2025 •The rate of inflation would be calculated as zero in any year in which inflation was negative and capped at 5% per year or 20% over four years inf inflation exceeded those amounts. •To make the threshold easier to administer, the cumulative inflation amount would be rounded to the nearest $100. Approving the minimum business license threshold indicates good faith by the cities amongst the business community for small businesses. The periodic four-year review of the minimum business license threshold using CPI-U inflation rate allows the cities to increase its threshold without continued ordinance change. FISCAL IMPACT Although the minimum business license threshold is for out-of-city or transient businesses, it is estimated to result in a decrease of licensing revenues by approximately $100K annually. CONCLUSION Staff recommends approval of the changes to Renton Municipal Code 5.5 to increase the threshold on the business license requirement for out of city businesses in compliance with the model ordinance. AGENDA ITEM #5. d) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, IMPLEMENTING STATUTORY CHANGES REFLECTED IN THE REVISED BUSINESS LICENSE MODEL THRESHOLD ORDINANCE, AMENDING SUBSECTION 5-5-3.B OF THE RENTON MUNICIPAL CODE, ADJUSTING THE BUSINESS LICENSE THRESHOLD EXEMPTION, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Renton imposes a general business license; and WHEREAS, on May 5, 2017, the Washington state legislature, through Engrossed House Bill 2005 (“EHB 2005”), established statewide general business licensing guidance for cities; and WHEREAS, pursuant to RCW 35.90.080, and in response to EHB 2005, the Association of Washington Cities adopted a 2018 model ordinance of general business license requirements; and WHEREAS, pursuant to RCW 35.90.080(2), Renton is required to adopt mandatory provisions of the model ordinance; and WHEREAS, pursuant to RCW 35.90.080(1)(c), the model ordinance on general business license requirements may not be amended more frequently than once every four (4) years; and WHEREAS, the 2018 model ordinance on general business license requirements has not been amended since it was adopted on January 1, 2019; and WHEREAS, the Association of Washington Cities updated the 2018 business license model ordinance with a mandatory increase to the business license threshold for out-of-city businesses and applying automatic periodic increases based on cumulative inflation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: AGENDA ITEM #5. d) ORDINANCE NO. ________ 2 SECTION I. All portions of the Renton Municipal Code (“RMC”) in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsection 5-5-3.B of the RMC is amended as shown below. B. General Business License Registration Fee: 1. General Business License Registration Fee Required: The general business license registration fee of one hundred fifty dollars ($150.00) shall be due and payable when filing a completed registration form as prescribed by the Administrator. The general business license registration fee may be adjusted from time to time, as published in the current City of Renton Fee Schedule. If a business enterprise’s first date of engaging in business in the City is after July 1, a prorated half year general business license registration fee will be due in the amount of seventy-five dollars ($75). 2. Exemptions: The following are exempt from the general business license registration fee, if demonstrated through means satisfactory to the Administrator: a. Non-Profit Exemption: A person that can demonstrate that it is exempt from federal income taxation pursuant to 26U.S. Code Subsections 501(c) or (d), as those subsections may be amended or recodified. b. Threshold Exemption: A person that can demonstrate that (1) its business has, as applicable to the type of business, an annual value of products, gross proceeds of sales, and gross income in the City equal to or less than two thousand dollars ($2,000), aggregated, and (2) it does not maintain a place of business within the City. This exemption does not apply to a person whose business requires or obtains a regulatory license or specialized permit. AGENDA ITEM #5. d) ORDINANCE NO. ________ 3 i. Beginning January 1, 2026, the threshold amount will increase to $4,000. ii. An amount equal to the increase in the Consumer Price Index (CPI) for “West Urban, All Urban Consumers” (CPI-U) for each 12-month period ending on June 30 as published by the United States Department of Labor Bureau of Labor Statistics or successor agency. To calculate this adjustment, the current rate will be multiplied by one plus the cumulative four-year (forty-eight month) CPI increase using each 12-month period ending on June 30 of each prior year, and rounded to the nearest $100. However, if any of the annual CPI increases are more than five (5) percent, a five (5) percent increase will be used in computing the annual basis and if any of the annual CPI decreased during the forty-eight month period, a zero (0) percent increase will be used in computing the annual basis. 3. Time within Which to Claim Overpayment of General Business License Registration Fee: If a person makes an overpayment of a general business license registration fee, and, within four (4) years after date of such overpayment, makes application for a refund or credit of the overpayment, its claim shall be allowed and be repaid from the general fund or be applied as a credit to annual renewal fess as approved by the Administrator. SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, AGENDA ITEM #5. d) ORDINANCE NO. ________ 4 such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION V. This ordinance shall be in full force and effect thirty (30) days after adoption. No later than five (5) days prior to such effective date, a summary of this ordinance consisting of its title shall be published in the City’s official newspaper. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2025. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2025. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD-FINANCE:25ORD024:11/07/2025 AGENDA ITEM #5. d) AB - 3981 City Council Regular Meeting - 17 Nov 2025 SUBJECT/TITLE: Amendment to Renton Municipal Code 5.25 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Finance Department STAFF CONTACT: Fred Hall, Tax & Licensing Manager EXT.: 6858 FISCAL IMPACT SUMMARY: The change to reported B&O tax classification for the affected service activities from service and other activities at a tax rate of .00121, to retailing at a tax rate of .0007 will result in a decrease in B&O tax revenue by approximately $175K offset by an estimated increase in local retail sales taxes by approximately $3M. SUMMARY OF ACTION: Senate Bill (SB) 5814 passed in 2025 expanded the retail sales and B&O tax to include several new service activities. These changes moved services previously reported as a service activity to now be classified as retail. All cities with a local B&O tax are required to amend city code to be consistent with the changes to the B&O tax model ordinance in response to SB 5814. Below are the service activities affected that will now be reported under the retailing category: • Advertising services • Live presentations • Information technology services • Custom website development services • Investigation, security, and armored car services • Temporary staffing services • Sales of custom software and customization of prewritten software EXHIBITS: A. Issue Paper B. Ordinance STAFF RECOMMENDATION: Adopt the ordinance amending Renton Municipal Code 5.25 to be consistent with the local business and occupation (B&O) tax model ordinance, effective 1/1/2026. AGENDA ITEM #5. e) DATE:November 17, 2025 TO:James Alberson, Jr., Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:Kari Roller, Administrator STAFF CONTACT:Fred Hall, Tax & Licensing Manager SUBJECT:Amendment to Renton Municipal Code 5.25 RECOMMENDATION Adopt the ordinance amending Renton Municipal Code 5.25 to be consistent with the local business and occupation (B&O) tax model ordinance, effective 1/1/2026. The amendment will change the taxation of certain service activities from the service and other activities tax classification to the retailing tax classification. OVERVIEW Senate Bill (SB) 5814 passed in 2025 expanded the retail sales and B&O tax to include several new service activities. These changes moved services previously reported as a service activity to now be classified as retail. All cities with a local B&O tax are required to amend city code to be consistent with the changes to the B&O tax model ordinance in response to SB 5814. Below are the service activities affected that will now be reported under the retailing category: • Advertising services • Live presentations • Information technology services • Custom website development services • Investigation, security, and armored car services • Temporary staffing services • Sales of custom software and customization of prewritten software FISCAL IMPACT The change to reported B&O tax classification for the affected service activities from service and other activities at a tax rate of .00121, to retailing at a tax rate of .0007 will result in a decrease in B&O tax revenue by approximately $175K offset by an estimated increase in local retail sales taxes by approximately $3M. AGENDA ITEM #5. e) James Alberson, Jr., Council President Members of Renton City Council Page 2 of 2 November 17, 2025 CONCLUSION Staff recommends approval of the changes to Renton Municipal Code 5.25 to update the code changes to align with the B&O model ordinance in response to SB 5814. AGENDA ITEM #5. e) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, IMPLEMENTING STATUTORY CHANGES REFLECTED IN THE OCTOBER 2025 REVISED MODEL ORDINANCE FOR BUSINESS AND OCCUPATION TAX BY AMENDING SUBSECTIONS 5-25-2.J.1 THROUGH 5-25-2.J.3, 5-25-2.J.5, 5-25-2.R.2, 5-25-2.Y, and 5-25-2.Z OF THE RENTON MUNICIPAL CODE BY CHANGING THE TAXATION OF CERTAIN ACTIVITES FROM SERVICES TO RETAIL, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Renton has established, and levies, a Business & Occupation (“B&O”) tax on parties engaging in business in the City; and WHEREAS, on May 20, 2025, the Washington state legislature, through Engrossed Substitute Senate Bill 5814 (“SB 5814”), modified the application and administration of taxation of certain service activities; and WHEREAS, pursuant to RCW 35.102.040, and in response to SB 5814, the Association of Washington Cities updated the model ordinance for B&O tax; and WHEREAS, pursuant to RCW 35.102.040(2), the city of Renton must adopt all mandatory provisions in the B&O model ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code (“RMC”) in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsections 5-25-2.J.1 through 5-25-2.J.3 RMC are amended as follows: J. Engaging in business: AGENDA ITEM #5. e) ORDINANCE NO. ________ 2 1. The term “engaging in business” means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. 2. This section sets forth examples of activities that constitute engaging in business in the City, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimis business activities in the City without having to register and obtain a business license or pay City business and occupation taxes. The activities listed in this section are illustrative only and are not intended to narrow the definition of “engaging in business” in subsection 1. If an activity is not listed, whether it constitutes engaging in business in the City shall be determined by considering all the facts and circumstances and applicable law. 3. Without being all-inclusive, any one of the following activities conducted within the City by a person, or its employee, agent, representative, independent contractor, broker or another person acting on its behalf constitutes engaging in business and requires a person to register and obtain a business license: a. Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the City. b. Owning, renting, leasing, using, or maintaining, an office, place of business, or other establishment in the City. c. Soliciting sales. AGENDA ITEM #5. e) ORDINANCE NO. ________ 3 d. Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance. e. Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf. f. Installing, constructing, or supervising installation or construction of, real or tangible personal property. g. Soliciting, negotiating, or approving franchise, license, or other similar agreements. h. Collecting current or delinquent accounts. i. Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials. j. Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property. k. Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, veterinarians. AGENDA ITEM #5. e) ORDINANCE NO. ________ 4 l. Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings. m. Training or recruiting agents, representatives, independent contractors, brokers or others, domiciled or operating on a job in the City, acting on its behalf, or for customers or potential customers. n. Investigating, resolving, or otherwise assisting in resolving customer complaints. o. In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place. p. Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another person acting on its behalf. SECTION III. Subsection 5-25-2.J.5 RMC is amended as follows: 5. A seller located outside the City merely delivering goods into the City by means of common carrier is not required to register and obtain a business license, provided that it engages in no other business activities in the City. Such activities do not include those in subsection 4. The City expressly intends that engaging in business includes any activity sufficient to establish nexus for purposes of applying the tax under the law and the constitutions of the United States and the State of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent contacts. SECTION IV. Subsection 5-25-2.R.2 RMC is amended as follows: AGENDA ITEM #5. e) ORDINANCE NO. ________ 5 2. “To manufacture” means all activities of a commercial or industrial nature requiring the use of labor or skill, wherein labor or skill is applied, by hand or machinery, to materials or ingredients resulting in so that as a result thereof a new, different or useful product for sale or commercial or industrial use, and shall include: a. The production of special made or custom made articles; b. The production of dental appliances, devices, restorations, substitutes, or other dental laboratory products by a dental laboratory or dental technician; c. Crushing and/or blending of rock, sand, stone, gravel, or ore; and d. The producing of articles for sale, or for commercial or industrial use from raw materials or prepared materials by giving such materials, articles, and substances of trade or commerce new forms, qualities, properties or combinations including, but not limited to, such activities as making, fabricating, processing, refining, mixing, slaughtering, packing, aging, curing, mild curing, preserving, canning, and the preparing and freezing of fresh fruits and vegetables. “To manufacture” shall not include the production of digital goods or the production of computer software if the computer software is delivered from the seller to the purchaser by means other than tangible storage media, including the delivery by use of a tangible storage media where the tangible storage media is not physically transferred to the purchaser. SECTION V. Subsections 5-25-2(Y) and 5-25-2(Z) RMC is amended as shown below. Y. Sale at retail, retail sale: 1. “Sale at retail” or “retail sale” means every sale of tangible personal property (including articles produced, fabricated, or imprinted) to all persons irrespective of the AGENDA ITEM #5. e) ORDINANCE NO. ________ 6 nature of their business and including but not limited to, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for consumers, other than a sale to a person who presents a resale certificate under RCW 82.04.470, Wholesale sale – Reseller permit – Exemption certificates – Burden of proof – Tax liability, and who: a. Purchases for the purpose of resale as tangible personal property in the regular course of business without intervening use by such person; or b. Installs, repairs, cleans, alters, imprints, improves, constructs, or decorates real or personal property of or for consumers, if such tangible personal property becomes an ingredient or component of such real or personal property without intervening use by such person; or c. Purchases for the purpose of consuming the property purchased in producing for sale a new article of tangible personal property or substance, of which such property becomes an ingredient or component or is a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale; or d. Purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon; or e. Purchases for the purpose of providing the property to consumers as part of competitive telephone service, as defined in RCW 82.04.065. The term shall include every sale of tangible personal property which is used or consumed or to be used or AGENDA ITEM #5. e) ORDINANCE NO. ________ 7 consumed in the performance of any activity classified as a “sale at retail” or “retail sale” even though such property is resold or utilized as provided in a through e of this subsection following such use.; or f. Purchases for the purpose of satisfying the person’s obligations under an extended warranty as defined in subsection 78 of this section, if such tangible personal property replaces or becomes an ingredient or component of property covered by the extended warranty without intervening use by such person. The term shall include every sale of tangible personal property which is used or consumed or to be used or consumed in the performance of any activity classified as a “sale at retail” or “retail sales” even though such property is resold or utilized as provided in (a), (b), (c), (d), (e), or (f) of this subsection following such use. The term also means every sale of tangible personal property to persons engaged in any business that is taxable under RCW 82.04.280(1)(a), (b), and (g), 82.04.290, and 82.04.2908. 2. “Sale at retail” or “retail sale” also means every sale of tangible personal property to persons engaged in any business activity which is taxable under this chapter. 3. The term “sale at retail” or “retail sale” includes the sale of or charge made for personal, business, or professional services including amounts designated as interest, rents, fees, admission, and other service emoluments however designated, received by persons engaging in the following business activities: a. Information technology training services, technical support, and other services including, but not limited to, assisting with network operations and support, help desk AGENDA ITEM #5. e) ORDINANCE NO. ________ 8 services, in-person training related to hardware or software, network system support services, data entry services, and data processing services; or b. Custom website development services. For the purposes of this subsection (3), “website development services” means the design, development, and support of a website provided by a website developer to a customer; or c. Investigation, security services, security monitoring services, and armored car services including but not limited to, background checks, security guard and patrol services, personal and event security, armored car transportation of cash and valuables, and security system services and monitoring. This does not include locksmith services; or d. Temporary staffing services. For the purposes of this subsection (3), “temporary staffing services” means providing workers to other businesses, except for hospitals licensed under chapter 70.41 or 71.12 RCW, for limited periods of time to supplement their workforce and fill employment vacancies on a contract or for fee basis; or e. Advertising services. i. For the purposes of this subsection 3, “advertising services” means all digital and nondigital services related to the creation, preparation, production, or dissemination of advertisements including, but not limited to: (A) Layout, art direction graphic design, mechanical preparation, production supervision, placement, referrals, acquisition of advertising space, and rendering advice concerning the best methods of advertising products or services; and AGENDA ITEM #5. e) ORDINANCE NO. ________ 9 (B) Online referrals, search engine marketing, and lead generation optimization, web campaign planning, the acquisition of advertising space in the internet media, and the monitoring and evaluation of website traffic for the purposes of determining the effectiveness of an advertising campaign. ii. “Advertising services” do not include: (A) Web hosting services and domain name registration; (B) Services rendered in respect to the following: (I) “Newspapers” as defined in RCW 82.04.214; (II) Printing or publishing under RCW 82.04.280; and (III) “Radio and television broadcasting” within this state as defined in RCW 82.04 (section 1, chapter 9, Laws of 2025); and (C) Services rendered in respect to out-of-home advertising, including; Billboard advertising; street furniture advertising; transit advertising; place- based advertising, such as in-store display advertising or point-of-sale advertising; dynamic or static signage at live events; naming rights; and fixed signage advertising. Out-of-home advertising does not include direct mail; or f. Live presentation including, but not limited to, lectures, seminars, workshops, or courses where participants attend either in person or via the internet or telecommunications equipment that allows audience members and the presenter or instructor to give, receive, and discuss information with each other in real time. AGENDA ITEM #5. e) ORDINANCE NO. ________ 10 For the purposes of (a) through (c) and (e) of this subsection 3, the terms “sale at retail” and “retail sale” do not include a sale between members of an affiliated group as defined in RCW 82.04.299(1)(f). 34. “Sale at retail” or “retail sale” shall include the sale of or charge made for tangible personal property consumed and/or for labor and services rendered in respect to the following: a. The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal property of or for consumers, including charges made for the mere use of facilities, but excluding charges made for the use of coin-operated laundry facilities when such facilities are situated in and for the exclusive use of tenants of an apartment house, rooming house, or mobile home park, and also excluding sales of laundry service to nonprofit health care facilities, and excluding services rendered in respect to live animals, birds and insects; b. The constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for consumers, including the installing or attaching of any tangible personal property, whether or not such personal property becomes a part of the realty by virtue of installation, and shall also include the sale of services or charges made for the clearing of land and the moving of earth excepting the mere leveling of land used in commercial farming or agriculture; c. The charge for labor and services rendered in respect to constructing, repairing, or improving any structure upon, above, or under any real property owned by an AGENDA ITEM #5. e) ORDINANCE NO. ________ 11 owner who conveys the property by title, possession, or any other means to the person performing such construction, repair, or improvement for the purpose of performing such construction, repair, or improvement and the property is then reconveyed by title, possession, or any other means to the original owner; d. The sale of or charge made for labor and services rendered in respect to the cleaning, fumigating, razing or moving of existing buildings or structures, but shall not include the charge made for janitorial services; and for purposes of this section the term “janitorial services” shall mean those cleaning and caretaking services ordinarily performed by commercial janitor service businesses including, but not limited to, wall and window washing, floor cleaning and waxing, and the cleaning in place of rugs, drapes and upholstery. The term “janitorial services” does not include painting, papering, repairing, furnace or septic tank cleaning, snow removal or sandblasting; e. The sale of or charge made for labor and services rendered in respect to automobile towing and similar automotive transportation services, but not in respect to those required to report and pay taxes under RCW Chapter 82.16, Public Utility Tax; f. The sale of and charge made for the furnishing of lodging and all other services, except telephone business and cable service, by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, and it shall be presumed that the occupancy of real property for a continuous period of one (1) month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same. For the purposes of this subsection, it shall be presumed that the sale of AGENDA ITEM #5. e) ORDINANCE NO. ________ 12 and charge made for the furnishing of lodging for a continuous period of one (1) month or more to a person is a rental or lease of real property and not a mere license to enjoy the same; g. The installing, repairing, altering, or improving of digital goods for consumers; h. The sale of or charge made for tangible personal property, labor and services to persons taxable under a through g of this subsection when such sales or charges are for property, labor and services which are used or consumed in whole or in part by such persons in the performance of any activity defined as a “sale at retail” or “retail sale” even though such property, labor and services may be resold after such use or consumption. Nothing contained in this subsection shall be construed to modify subsection 1 of this section and nothing contained in subsection 1 of this section shall be construed to modify this subsection. 45. “Sale at retail” or “retail sale” shall also include the providing of competitive telephone service to consumers. 56. “Sale at retail” or “retail sale”: a. Shall also include the sale of prewritten software, custom software, and customization of prewritten computer software to a consumer, other than a sale to a person who presents a resale certificate under RCW 82.04.470, regardless of the method of delivery to the end user. For purposes of this subsection 56.a the sale of prewritten computer software includes the sale of or charge made for a key or an enabling or activation code, where the key or code is required to activate prewritten computer software and use the software. There is no separate sale of the key or code AGENDA ITEM #5. e) ORDINANCE NO. ________ 13 from the prewritten computer software, regardless of how the sale may characterized by the vendor or by the purchaser. The term “sale at retail” or “retail sale” does not include the sale of or charge made for: i. Custom software; or ii. The customization of prewritten software. b. iii.i. The term “sale at retail” or “retail sales” also includes the charge made to consumers for the right to access and use prewritten computer software, custom software, and customization of prewritten computer software, where possession of the software is maintained by the seller or a third-party, regardless of whether the charge for the service is on a per use, per user, per license, subscription, or some other basis. ii. (A) The service described in b.i of this subsection 56 includes the right to access and use prewritten software, custom software, and customization of prewritten computer software to perform data processing. (B) For purposes of this subsection b.ii “data processing” means the systematic performance of operations on data to extract the required information in an appropriate form or to convert the data to usable information. Data processing includes check processing, image processing, form processing, survey processing, payroll processing, claim processing, and similar activities. AGENDA ITEM #5. e) ORDINANCE NO. ________ 14 67. “Sale at retail” or “retail sale” shall also include the sale of or charge made for labor and services rendered in respect to the building, repairing, or improving of any street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state, the State of Washington, or the United States of America and which is used or to be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind (public road construction). 78. “Sale at retail” or “retail sale” shall also include the sale of or charge made for an extended warranty to a consumer. For purposes of this subsection, “extended warranty” means an agreement for a specified duration to perform the replacement or repair of tangible personal property at no additional charge or a reduced charge for tangible personal property, labor, or both, or to provide indemnification for the replacement or repair of tangible personal property, based on the occurrence of specified events. The term “extended warranty” does not include an agreement, otherwise meeting the definition of extended warranty in this subsection, if no separate charge is made for the agreement and the value of the agreement is included in the sales price of the tangible personal property covered by the agreement. 89. “Sale at retail” or “retail sale” shall also include the sale of or charge made for labor and services rendered in respect to the constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to chapter 35.82 RCW, including the installing, or AGENDA ITEM #5. e) ORDINANCE NO. ________ 15 attaching of any article of tangible personal property, whether or not such personal property becomes a part of the real property by virtue of installation (government contracting). 910. “Sale at retail” or “retail sale” shall not include the sale of services or charges made for the clearing of land and the moving of earth of or for the United States of America, or any of its instrumentality, or a county or city housing authority. The term does not include the sale of services or charges made for cleaning up for the United States of America, or any of its instrumentalities, radioactive waste and other byproducts of weapons production and nuclear research and development. (This should be reported under the service and other classification as defined under 5-25-4.A.7.) 1011. “Sale at retail” or “retail sale” shall not include the sale of or charge made for labor and services rendered for environmental remedial action. (This should be reported under the service and other classification as defined under 5-25-4.A.7.) 1112. a. “Sale at retail” or “retail sale” shall also include the following sales to consumers of digital goods, digital codes, and digital automated services: a.i. Sales in which the seller has granted the purchaser the right of permanent use; b.ii. Sales in which the seller has granted the purchaser a right of use that is less than permanent; c.iii. Sales in which the purchaser is not obligated to make continued payment as a condition of the sale; and AGENDA ITEM #5. e) ORDINANCE NO. ________ 16 d.iv. Sales in which the purchaser is obligated to make continued payment as a condition of the sale. b. A retail sale of digital goods, digital codes, or digital automated services under this subsection Y.1112 includes any services provided by the seller exclusively in connection with the digital goods, digital codes, or digital automated services, whether or not a separate charge is made for such services. c. A retail sale of digital goods, digital codes, or digital automated services does not include the following services if the sale occurs between members of an affiliated group as defined in RCW 82.04.299(1)(f): i. Any service that primarily involves the application of human effort by the seller, and the human effort originated after the customer requested the service; ii. Live presentations, such as lectures, seminars, workshops, or courses, where participants are connected to other participants via the internet or telecommunications equipment, which allows audience members and the presenter or instructor to give receive, and discuss information with each other in real time; iii. Advertising services. For purposes of this subsection, “advertising services” means all services directly related to the creation, preparation, production, or dissemination of advertisements. Advertising services include layout, art direction, graphic design, mechanical preparation, production supervision, placement, and rendering advice to a client concerning the best methods of advertising that client’s products or services. Advertising services also include AGENDA ITEM #5. e) ORDINANCE NO. ________ 17 online referrals, search engine marketing and lead generation optimization, web campaign planning, the acquisition of advertising space in the internet media, and the monitoring and evaluation of website traffic for the purposes of determining the effectiveness of an advertising campaign. Advertising services do not include web hosting services and domain name registration; and iv. Data processing services. For purposes of this subsection, “data processing service” means a primarily automated service provided to a business or other organization where the primary object of the service is the systematic performance of operations by the service provider on data supplied in whole or in part by the customer to extract the required information in an appropriate form or to convert the data to usable information. Data processing services include check processing, image processing, form processing, survey processing, payroll processing, claim processing, and similar activities. Data processing does not include the service described in subsection of this section. d. For purposes of this subsection, “permanent” means perpetual or for an indefinite or unspecified length of time. A right of permanent use is presumed to have been granted unless the agreement between the seller and the purchaser specifies or the circumstances surrounding the transaction suggest or indicate that the right to use terminates on the occurrence of a condition subsequent. 1213. “Sale at retail” or “retail sale” shall also include the installing, repairing, altering, or improving of digital goods for consumers. AGENDA ITEM #5. e) ORDINANCE NO. ________ 18 Z. Sale at wholesale, wholesale sale. “Sale at wholesale” or “wholesale sale” means any sale of tangible personal property, digital goods, digital codes, digital automated services, prewritten computer software, custom software, customization of prewritten software to a consumer, or services described in subsection Y.56.b.i, “Sale at retail”, which is not a retail sale, and any charge made for labor and services rendered for persons who are not consumers, in respect to real or personal property and retail services, if such charge is expressly defined as a retail sale or retail service when rendered to or for consumers. Sale at wholesale also includes the sale of telephone business to another telecommunications company as defined in RCW 80.04.010 for the purpose of resale, as contemplated by RCW 35.21.715, Taxes on network telephone services. SECTION VI. Section 4-25-4 RMC is amended as follows: A. Except as provided in RMC 5-25-4.B (Tax Thresholds) and 5-25-4.C (Annual Tax Cap and Rate Reduction), through D effective January 1, 2016 at 12:01 a.m. there is levied upon and shall be collected from every person a tax for the act or privilege of engaging in business activities in the City of Renton, whether the person’s office or place of business be within or without the City. The tax shall be in amounts to be determined by application of rates against gross proceeds of sale, gross income of business, or value of products, including by-products, as the case may be, as follows: 1. Upon every person engaging within the City in business as an extractor; as to such persons, the amount of the tax with respect to such business shall be equal to the value of the products, including by-products, extracted within the City for sale or for commercial or industrial use, multiplied by the rate of .121 of one percent (.00121). The measure of AGENDA ITEM #5. e) ORDINANCE NO. ________ 19 the tax is the value of the products, including by-products, so extracted, regardless of the place of sale or the fact that deliveries may be made to points outside the City. 2. Upon every person engaging within the City in business as a manufacturer; as to such persons, the amount of the tax with respect to such business shall be equal to the value of the products, including by-products, manufactured within the City, multiplied by the rate of .121 of one percent (.00121). The measure of the tax is the value of the products, including by-products, so manufactured, regardless of the place of sale or the fact that deliveries may be made to points outside the City. 3. Upon every person engaging within the City in the business of making sales at wholesale; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of .121 of one percent (.00121). 4. Upon every person engaging within the City in the business of making sales at retail; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business, without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of .070 of one percent (.00070). 5. Upon every person engaging within the City in the business of (a) printing, (b) both printing and publishing newspapers, magazines, periodicals, books, music, and other printed items, (c) publishing newspapers, magazines and periodicals, (d) extracting for hire, and (e) processing for hire; as to such persons, the amount of tax on such business AGENDA ITEM #5. e) ORDINANCE NO. ________ 20 shall be equal to the gross income of the business multiplied by the rate of .121 of one percent (.00121). 6. Upon every person engaging within the City in the business of sales of retail services; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of sales multiplied by the rate of .121 of one percent (.00121). 7. Upon every other person engaging within the City in any business activity other than or in addition to those enumerated in the above subsections; as to such persons, the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of .121 of one percent (.00121). This subsection includes, among others, and without limitation whether or not title to material used in the performance of such business passes to another by accession, merger or other than by outright sale, persons engaged in the business of developing, or producing custom software or of customizing canned software, producing royalties or commissions, and persons engaged in the business of rendering any type of service which does not constitute a sale at retail, a sale at wholesale, or a retail service. B. The gross receipts tax imposed in this section shall not apply to any person whose gross proceeds of sales, gross income of the business, and value of products, including by- products, as the case may be, from all activities conducted within the City during any calendar year is equal to or less than $20,000, or is equal to or less than $5,000 during any quarter if on a quarterly reporting basis. AGENDA ITEM #5. e) ORDINANCE NO. ________ 21 BC. Expanded Tax Thresholds: The City of Renton has further determined that beyond the mandatory exception noted in Subsection 5-25-4.B Tthis chapter shall not apply to any person engaging in any one (1) or more business activities which are otherwise taxable pursuant to RMC 5-25-4.A, whose value of products, including by-products, gross proceeds of sales, and gross income of the business, less any deductions, as the case may be, from all activities conducted during any calendar year, is less than or equal to the threshold amount of five hundred thousand dollars ($500,000). CD. Annual Tax Cap and Rate Reduction: For the calendar years 2022-2024, the tax imposed under this chapter for a single taxpayer shall not exceed the following maximum tax amounts for each respective year according to the following schedule: 2022 – seven million dollars ($7,000,000); 2023 – nine million dollars ($9,000,000); 2024 – eleven million dollars ($11,000,000). Starting in 2025 and for each subsequent year thereafter, once a taxpayer has paid twelve million dollars ($12,000,000) in taxes imposed under this chapter in the given year, the rates specified in RMC 5-25-4.A shall be discounted by seventy-five percent (75%) for remaining gross proceeds of sale, gross income of business, or value of products, including by-products, as the case may be. SECTION VII. Subsection 5-25-5.B RMC is amended as follows : B. Notwithstanding any provision to the contrary, if the Administrator finds that the imposition of the City’s tax would place an undue burden upon interstate commerce or violate constitutional requirements, a taxpayer shall be allowed a credit to the extent necessary to preserve the validity of the City’s tax, and still apply the City tax to as much of the taxpayer’s activities as may be subject to the City’s taxing authority. AGENDA ITEM #5. e) ORDINANCE NO. ________ 22 SECTION VIII. Subsection 5-25-11.M RMC is amended as follows: M. Constitutional and Statutory Prohibitions: In computing tax, there may be deducted from the measure of the tax amounts derived from business which the City is prohibited from taxing under the Constitution or laws of the State of Washington or the Constitution of the United States of America. SECTION IX. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. SECTION X. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION XI. This ordinance shall be in full force and effect thirty (30) days after adoption. No later than five (5) days prior to such effective date, a summary of this ordinance consisting of its title shall be published in the City’s official newspaper. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2025. Jason A. Seth, City Clerk AGENDA ITEM #5. e) ORDINANCE NO. ________ 23 APPROVED BY THE MAYOR this _______ day of _____________________, 2025. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD-FINANCE:25ORD023:11/06/2025 AGENDA ITEM #5. e) AB - 3982 City Council Regular Meeting - 17 Nov 2025 SUBJECT/TITLE: Utility Bill Leak Adjustment Request for UDRT/Hilltop 30003 #6885- 000 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Finance Department STAFF CONTACT: Victoria Appleberry, Utility Accounts Supervisor EXT.: 6921 FISCAL IMPACT SUMMARY: The leak adjustment request in the amount of $5,268.62 is broken down as follows: Water: $727.39 Sewer: $1,491.50 Metro: $3,049.73 Total: $5,268.62 SUMMARY OF ACTION: In accordance with Renton Municipal Code (RMC) 8-4-46 and 8-5-23, the city will grant a billing adjustment of up to a maximum of two (2) regular meter reading cycles during the billing period when a water or wastewater leak has occurred on the customer's side of the water meter that are located on the service line only. Water may be adjusted by 50% of leaked consumption; sewer may be adjusted by 100% of all leaked water that did not enter the sanitary sewer system. The finance department received a formal leak adjustment request from UDRT/Hilltop 30003, a multi-family property, for a leak that occurred at the service address 500 Monroe Ave NE. The water leak was located at the main service line from the meter to the foundation of the building. The leak was repaired on October 6, 2025. The property owner has met the requirements outlined in the code, including submitting proof of repair, to adequately qualify for the leak adjustment for water and sewer charges. August 2025 September 2025 Total Water $407.87 $319.52 $727.39 Sewer $839.80 $651.70 $1,491.50 Metro $1,717.17 $1,332.56 $3,049.73 Total $2,964.84 $2,303.78 $5,268.62 EXHIBITS: A. Issue Paper STAFF RECOMMENDATION: AGENDA ITEM #5. f) Approve the adjustment to customer account 6885-000 in the amount of $5,268.62 for excess consumption caused by a qualified water line leak in accordance with RMC 8-4-46 and 8-5-23. AGENDA ITEM #5. f) DATE:November 17, 2025 TO:James Alberson, Jr., Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:Kari Roller, Administrator STAFF CONTACT:Victoria Appleberry, Utility Accounts Supervisor SUBJECT:Utility Bill Leak Adjustment Request Utility Account: 6885-000 Owner: UDRT/Hilltop 30003 ISSUE Should City Council grant the request for a reduction of increased city water, sewer, and King County metro charges resulting from a water leak at the service address 500 Monroe Ave NE. BACKGROUND In accordance with Renton Municipal Code (RMC) 8-4-46 and 8-5-23, the city will grant a billing adjustment of up to a maximum of two (2) regular meter reading cycles during the billing period when a water or wastewater leak has occurred on the customer's side of the water meter that are located on the service line only. Water may be adjusted by 50% of leaked consumption; sewer may be adjusted by 100% of all leaked water that did not enter the sanitary sewer system. The finance department received a formal leak adjustment request from UDRT/Hilltop 30003, a multi-family property, for a leak that occurred at the service address 500 Monroe Ave NE. The water leak was located at the main service line from the meter to the foundation of the building. The leak was repaired on October 6, 2025. The property owner has met the requirements outlined in the code, including submitting proof of repair, to adequately qualify for the leak adjustment for water and sewer charges. Aug 2025 Sep 2025 Total Water $407.87 $319.52 $727.39 Sewer $839.80 $651.70 $1,491.50 Metro $1,717.17 $1,332.56 $3,049.73 Total $2,964.84 $2,303.78 $5,268.62 RECOMMENDATION AGENDA ITEM #5. f) James Alberson, Jr., Council President Members of Renton City Council Page 2 of 2 November 17,2025 Approve the adjustment to customer account 6885-000 in the amount of $5,268.62 for excess consumption caused by a qualified water line leak in accordance with RMC 8- 4-46 and 8-5-23. AGENDA ITEM #5. f) AB - 3965 City Council Regular Meeting - 17 Nov 2025 SUBJECT/TITLE: Highlands Park Playground Replacement RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Parks & Recreation Department STAFF CONTACT: Mark Richardson, Capital Projects Coordinator EXT.: 6714 FISCAL IMPACT SUMMARY: The contract with Northwest Playground Equipment, Inc. for the Highland Park Playground project is in the amount of $379,889.97. The overall project is budgeted at $450,000.00 in account 316.332091.020.594.76.63.000. The total estimated project cost is $439,873.46, which includes an estimated $3,000 for material testing and inspection services, and a 15% construction contingency. SUMMARY OF ACTION: The City is moving forward with the replacement of playground equipment at Highlands Park. The existing playground, over 20 years old, is showing signs of wear and is due for replacement. Through the Washington State Master Contract #04216, administered by the Department of Enterprise Services, the City solicited proposals from nine qualified playground vendors. After staff review and both online and onsite community engagement, the concept submitted by Northwest Playground, Inc. was selected. Northwest Playground will provide final design services, remove existing equipment, and furnish and install the new play equipment and expanded playbox. The design includes structures for children ages 2–5 and 5– 12, as well as swings, climbing structures, spinners, slides, and balance/stepper features. New ADA compliant benches and a picnic table will also be included. Demolition will occur in early 2026, with project completion expected by spring 2026. By utilizing the State Master Contract, the City is saving 10% on equipment costs. Parks and Recreation has budgeted $450,000.00 in CIP account 316.332091.020.594.76.63.000 to fully fund this agreement. EXHIBITS: A. Contract B. Playground Renderings and Plan STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the Contract Agreement with Northwest Playground Equipment, Inc. in the amount of $379,889.97 AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) AGENDA ITEM #5. g) RENTON HIGHLANDS PARK PG Color Option : AIHD_333_25AR1 GOLF GRAY ROPE DECK OPT A - REV 1 PLUM LIME LIME-SAND SHEET PLASTIC CO L O R K E Y POST & COMPONENTS CHARTREUSETEALLAVENDER ROTO CHARTREUSETEALDESIGN SHOWN IS CONCEPTUAL ONLY. FINAL PRODUCTS MAY DIFFER . AG E N D A I T E M # 5 . g ) RENTON HIGHLANDS PARK PG Color Option : AIHD_333_25AR1 GOLF GRAY ROPE DECK OPT A - REV 1 PLUM LIME LIME-SAND SHEET PLASTIC CO L O R K E Y POST & COMPONENTS CHARTREUSETEALLAVENDER ROTO CHARTREUSETEALDESIGN SHOWN IS CONCEPTUAL ONLY. FINAL PRODUCTS MAY DIFFER . AG E N D A I T E M # 5 . g ) RENTON HIGHLANDS PARK PG Color Option : AIHD_333_25AR1 GOLF GRAY ROPE DECK OPT A - REV 1 PLUM LIME LIME-SAND SHEET PLASTIC CO L O R K E Y POST & COMPONENTS CHARTREUSETEALLAVENDER ROTO CHARTREUSETEALDESIGN SHOWN IS CONCEPTUAL ONLY. FINAL PRODUCTS MAY DIFFER . AG E N D A I T E M # 5 . g ) RENTON HIGHLANDS PARK PG Color Option : AIHD_333_25AR1 GOLF GRAY ROPE DECK OPT A - REV 1 PLUM LIME LIME-SAND SHEET PLASTIC CO L O R K E Y POST & COMPONENTS CHARTREUSETEALLAVENDER ROTO CHARTREUSETEALDESIGN SHOWN IS CONCEPTUAL ONLY. FINAL PRODUCTS MAY DIFFER . AG E N D A I T E M # 5 . g ) RENTON HIGHLANDS PARK PG Color Option : AIHD_333_25AR1 GOLF GRAY ROPE DECK OPT A - REV 1 PLUM LIME LIME-SAND SHEET PLASTIC CO L O R K E Y POST & COMPONENTS CHARTREUSETEALLAVENDER ROTO CHARTREUSETEALDESIGN SHOWN IS CONCEPTUAL ONLY. FINAL PRODUCTS MAY DIFFER . AG E N D A I T E M # 5 . g ) RENTON HIGHLANDS PARK PG Color Option : AIHD_333_25AR1 GOLF GRAY ROPE DECK OPT A - REV 1 PLUM LIME LIME-SAND SHEET PLASTIC CO L O R K E Y POST & COMPONENTS CHARTREUSETEALLAVENDER ROTO CHARTREUSETEALDESIGN SHOWN IS CONCEPTUAL ONLY. FINAL PRODUCTS MAY DIFFER . AG E N D A I T E M # 5 . g ) RENTON HIGHLANDS PARK PG Color Option : AIHD_333_25AR1 GOLF GRAY ROPE DECK OPT A - REV 1 PLUM LIME LIME-SAND SHEET PLASTIC CO L O R K E Y POST & COMPONENTS CHARTREUSETEALLAVENDER ROTO CHARTREUSETEALDESIGN SHOWN IS CONCEPTUAL ONLY. FINAL PRODUCTS MAY DIFFER . AG E N D A I T E M # 5 . g ) RENTON HIGHLANDS PARK PG Color Option : AIHD_333_25AR1 GOLF GRAY ROPE DECK OPT A - REV 1 PLUM LIME LIME-SAND SHEET PLASTIC CO L O R K E Y POST & COMPONENTS CHARTREUSETEALLAVENDER ROTO CHARTREUSETEALDESIGN SHOWN IS CONCEPTUAL ONLY. FINAL PRODUCTS MAY DIFFER . AG E N D A I T E M # 5 . g ) RENTON HIGHLANDS PARK PG Color Option : AIHD_333_25AR1 GOLF GRAY ROPE DECK OPT A - REV 1 PLUM LIME LIME-SAND SHEET PLASTIC CO L O R K E Y POST & COMPONENTS CHARTREUSETEALLAVENDER ROTO CHARTREUSETEALDESIGN SHOWN IS CONCEPTUAL ONLY. FINAL PRODUCTS MAY DIFFER . AG E N D A I T E M # 5 . g ) EWF AREA: 4090 SQ FT 0 .5 1.0 0 5' Meters2.0 3.0 10' N RM SIGN TRANSFER STATION W/ STEP 36" 0,9 2 M 72" 1,8 3 M 96" 2,4 4 M 24" 0,6 1 M 96" 2,4 4 M ADA STAIR MIGHTY DESCENT SLIDE STATIONARY BUTTONS SILO CLIMBER POST MOUNT WHEEL KALEIDO BARRIER POST MOUNT DRUM DYNAMIC DESCENT SLIDE TOWER CLIMBER KALEIDO BARRIER FLEX GRIP PIVOT SKY PANEL W/ COLOR REEL INSERT (deck) ADA MAZE PANEL (ground) ADA STAIRS DYNAMIC TERRACE SINGLE 12" 24"18" 0,31 M 0,61 M 0,46 M TRANSFER STATION W/ STEP 36" 0,92M 48" 1,22M 42" 1,07M GLIDE SLIDE DYNAMIC DESCENT SLIDE INCLINED CLIFF HANGER POST MOUNT WHEEL RIBBON CLIMBER 90° GLIDE SLIDE PIPEWALL BUBBLE PANEL POST MOUNT DRUM ABC/123 PANEL OVAL INSERT PANEL W/ CATACOMBS INSERT BABBLE-ON BABBLE-ON SMALL UNITY STEPPER TOP ROPE PASS ADA STAIRS KALEIDO BARRIER SLING SEAT (under deck) QTY: 3 CONE SPINNER COZY COCOON 350-ARCH 8 FT TOP RAIL 2 BELT SEATS BASKET SWING 6FT SIGNATURE BENCH 6FT SIGNATURE BENCH 6FT SIGNATURE BENCH QTY: 2 6FT SIGNATURE BENCH 6FT SIGNATURE BENCH GREEN VALLEY ADA TABLE 5-12 STRUCTURE 2-5 STRUCTURE Total Elevated Play Activities: Total Ground-Level Play Activities: Accessible Elevated Activities Accessible Ground-Level Activities Accessible Ground-Level Play Types Required Provided AD A S C H E D U L E 15 8 15 12 5 11 3 6 B Paper Size USER CAPACITY:AGE GROUP: AREA:PERIMETER: EQUIPMENT SIZE: USE ZONE: DATE: SCALE:PROJECT NO: FALL HEIGHT: *PLAYGROUND SUPERVISION REQUIRED DRAWN BY: ASTM F1487- CPSC #325 IHD_333_25AR1 RE N T O N H I G H L A N D S P A R K P G OP T A - R E V 1 1/16" = 1'-0" KMS SEE PLAN 8 Ft. 106 21 16-Sep-25 DESIGN FILE PATH: I:\RENTON HIGHLANDS PARK PG\IHD_333_25AR1\DESIGN 5-12 AG E N D A I T E M # 5 . g ) AB - 3966 City Council Regular Meeting - 17 Nov 2025 SUBJECT/TITLE: Contract Amendment: Cedar River Trail and Bank Stabilization Project RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Parks & Recreation Department STAFF CONTACT: Betsy Severtsen, Capital Projects Manager EXT.: #6611 FISCAL IMPACT SUMMARY: This professional services contract amendment for the Cedar River Trail and Bank Stabilization Project is $198,531.64. Full cost of the professional services contract amendment has been budgeted in account 316.332077.020.594.76.63.000 CEDAR RIVER TRAILS FLOOD DISASTER. SUMMARY OF ACTION: In February 2020, the Cedar River experienced a 50-year flood event that eroded a section of riverbank adjacent to the Cedar River Trail, between the Cedar River Dog Park and Riverview Park. On March 2, 2020, the City Council ratified and approved an emergency proclamation by Mayor Pavone documenting a local emergency due to this flood event. With this, and by meeting other FEMA thresholds, the Cedar River Trail and Bank Stabilization project qualifies for Federal reimbursment under FEMA project 4539-DR-WA. To receive this funding, the City must complete certain required expenditures to provide FEMA with sufficient design and permitting documentation for formal funding obligation. Completing the project’s design and environmental permitting will deliver the materials FEMA requires to obligate the project funding. The project has completed site assesements, engineering analyses, and 50% design and was progressing through environmental permit approvals. During agency and Tribal coordination for environmental permitting, the Muckleshoot Indian Tribe requested design modifications to enhance salmon habitat. However, implementing these changes without additional shoreline and trail modifications would increase the 100-year flood elevations, floodway elevations, and floodway widths of the Cedar River, commonly referred to as creating a flood “rise” condition. This potential rise conflicted with regulatory requirements, as the project must be certified by an engineer as “No-Rise” to obtain U.S. Army Corps of Engineers permit approval. In coordination with project consultants, FEMA, and the State Emergency Management Division, City staff determined that permanently relocating a segment of the Cedar River Trail further upland would help accommodate the Tribe’s habitat enhancement requests and maintain compliance with “No-Rise” certification requirements. CAG-21-006 Amendment #3 authorizes professional services to revise the project design based on the Muckleshoot Indian Tribe’s comments and U.S. Army Corps of Engineers requirements, including the trail relocation design, providing additional environmental documentation and permitting support, and conducting supplemental project management and coordination activities. EXHIBITS: A. Professional Services Agreement Amendment #3 B. 50 Percent Design Site Plans AGENDA ITEM #5. h) C. Resolution 4400 Declaration of Emergency STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to amend Professional Services Agreement CAG-21-006 with GeoEngineers, Inc. in the amount of $198,531.64 for the Cedar River Trail and Bank Stabilization Project. AGENDA ITEM #5. h) AMENDMENT NO. 3 TO AGREEMENT FOR DESIGN, PERMITTING AND CONSTRUCTION SUPPORT FOR CEDAR RIVER TRAIL RELOCATION AND CEDAR RIVER BANK STABILIZATION PROJECT THIS AMENDMENT, dated for reference purposes only as ___________, 2025, is by and between the City of Renton (the “City”), a Washington municipal corporation, and GeoEngineers, Inc. (“Consultant”), a Washington corporation. The City and the Consultant are referred to collectively in this Amendment as the “Parties.” Once fully executed by the Parties, this Amendment is effective as of the last date signed by both parties. Whereas, the City engaged the services of the Consultant under Agreement CAG-21-006, dated December 14, 2020, to provide necessary services for the Cedar River Trail Relocation And Cedar River Bank Stabilization Project (referred to herein as the “Agreement”); Whereas, the scope of work (Section 1) and time of performance (Section 3) in the Agreement were previously amended by Amendment No. 1 dated May 17, 2021 and time of performance (Section 3) was further amended by Amendment No. 2 dated November 17, 2023; and Whereas, the Parties wish to amend the Agreement for reasons set forth in Exhibit A-3 to change the scope of work, change the time for performance, and change the compensation in order to progress the project through concept design, permitting, detailed design, and bidding support. NOW THEREFORE, It is mutually agreed upon that CAG-21-006 is amended as follows: 1.Scope of Work: Section 1, Scope of Work, is amended to add work as specified in Exhibit A-3, which is attached and incorporated herein. 2.Time of Performance: Section 3, Time of Performance, is amended pursuant to the schedule(s) set forth in Exhibit A-3. All Work shall be performed by no later than December 31, 2027. 3.Compensation: Section 4, Compensation, is amended so that the maximum amount of compensation payable to Consultant is increased by $198,531.64 from $375,638.00 to $573,899.64 plus any applicable state and local sales taxes. The additional compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A-3 of the Agreement, which is attached and incorporated herein]. AGENDA ITEM #5. h) PAGE 2 OF 2 4.All terms of the Agreement not explicitly modified herein shall remain in full force and effect and such terms shall apply to Work performed according to this Amendment as if fully set forth herein. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Amendment as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor David Conlin, PWS Associate Ecologist _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney Renton City Attorney Contract Template Updated 06/17/2021 AGENDA ITEM #5. h) Contract Amendment (Rev 04/2024) Contract Amendment PROJECT NAME: Cedar River Bank Stabilization Project DATE: August 6, 2025 PROJECT NUMBER: GeoEngineers: 0693-087-01 City of Renton: CAG-21-006 CONTRACT DATE: January 11, 2021 CLIENT: City of Renton AMENDMENT NUMBER: 3 AMENDMENT AFFECTS: Scope of Services Time of Performance Compensation Other AMENDMENT REQUESTED BY: Betsy Severtsen TELEPHONE: 425.430.6611 The services covered by this Amendment will be performed in accordance with the provisions set forth in the above-referenced Agreement together with any attachments. I. COMPENSATION: The Scope of Services and/or budget are hereby modified as follows: Description Budget Task 6, Preliminary Design. This task is amended with increased budget to revise the prior 50% design based on Mukleshoot Indian Tribe comments and prepare a 60% Design Submittal. The original scoped 60% submittal was replaced with a 50% submittal per FEMA request; therefore, additional scope and fee is required to prepare a 60% submittal incorporating the changes requested by the Mukleshoot Indian Tribe. The 60% submittal will include: ■ 60% design plan drawing set; ■ 60% design cost estimate; ■ 60% design memorandum; and ■ Outline specifications. $98,393.44 Task 8, Environmental Documentation and Permitting Support. The established budget for this task has been exhausted over the past 4 years providing support to the City to complete FEMA’s NEPA process, including: multiple revisions to the JARPA form; preparing a Biological Assessment for Endangered Species Act compliance; coordination with FEMA, the Washington State Dept. of Emergency Management, and Mucklesoot Indian Tribe; and developing a Floodplain No-Rise Analysis, which was out-of-scope. Anticipated future permitting tasks that still need to be completed include: ■ Completion of a Critical Areas Report in support of City of Renton permitting; ■ Revising JARPA materials based on 60% design changes; ■ Updating the No-Rise Analysis based on the 60% design changes; ■ Developing and submitting a complete application for a U.S. Army Corps of Engineers Nationwide Permit; ■ Submitting an application for a WDFW HPA permit; ■ Supporting the City with Shoreline Substantial Development Permit (SSDP) application materials (the project was originally believed to be Shoreline Exempt, but the planning department has recently indicated otherwise); ■ Developing and submitting a SEPA Checklist (the project was originally believed to be SEPA exempt, but the planning department has recently indicated otherwise); and ■ Supporting the city with developing a civil construction permit (not included in original scope). $84,022.96 Task 11, Project Management. Additional fee is required due to extended timeline and to provide support to the City with ongoing agency and tribal coordination. $16,116.24 Subtotal for Amendment No. 3 $198,531.64 Original Authorized Budget $375,368.00 Total Revised Budget $573,899.64 Exhibit A-3AGENDA ITEM #5. h) City of Renton | July 23, 2025 Page 2 File No. 0693-087-01 The rate schedule is hereby updated to GeoEngineers’ Current 2025 Standard Schedule of Charges hereto attached and made a part of this Agreement. II.TIME OF PERFORMANCE: The period of performance is hereby extended from December 31, 2025 through December 31, 2027. III.OTHER: All terms, covenants and conditions of the above-referenced Agreement remain in full force and effect except if duly modified by this Amendment. IN WITNESS HEREOF, the parties hereto have caused this Amendment to be executed and instituted on the first date above written. ACKNOWLEDGEMENT & ACCEPTANCE City of Renton GeoEngineers, Inc. By*: By*: David Conlin Title: Title: Associate Date: Date: August 6, 2025 *Individual with contracting authority. Disclaimer: Any electronic form, facsimile or hard copy of the original document (email, text, table, and/or figure), if provided, and any attachments are only a copy of the original document. The original document is stored by GeoEngineers, Inc. and will serve as the official document of record. Exhibit A-3AGENDA ITEM #5. h) Employee Type Joe C Principal David Associate Ken F Ryan Sr. 2 Sr. Engr 1 Evan Engr 2 Skylar Sci 1 Staff 2 Eng Staff 2 Sci Staff 1 Sci Senior CAD Designer GIS Admin 3 Admin 2 Admin 1 $332.00 $304.00 $290.00 $265.00 $244.00 $229.00 $182.00 $174.00 $152.00 $186.00 $187.00 $140.00 $124.00 $105.00 TASK LABOR ITEMIZED SUB TOTAL HOURS COST EXP COST COST 6.0 Preliminary Design 98393.44 6.4 60% Design Submittal and Revisions 8 16 64 112 100 80 24 24 428 92824.00 5569.44 98393.44 8.0 Environmental Documentation and Permitting Support 84021.96 8.1 Critical Areas Report 4 20 8843 479712.00 582.72 10294.72 8.2 JARPA revisions 4 8 16 24 2 3 57 10948.00 656.88 11604.88 8.3 No Rise Analysis 4 4 24 100 4 9 145 29380.00 1762.80 31142.80 8.4 USACE Permit App 48 2 1 15 3452.00 207.12 3659.12 8.5 WDFW Permit App 48 2 1 15 3452.00 207.12 3659.12 8.6 SSDP Permit App 616 6 2 2 32 7138.00 428.28 7566.28 8.7 SEPA checklist 412 2 1 19 4368.00 262.08 4630.08 8.8 Civil Construction Permit App 610 20 6 3 45 10816.00 648.96 11464.96 11.0 Project Management & Agency Coordination 16116.24 11.1 Agency coordination 888 8 2 34 9608.00 576.48 10184.48 11.2 Monthly Invoices and Status Reports 18 1 19 5596.00 335.76 5931.76 Total Labor Hours 20 78 106 0 140 72 200 16 0 112 14 48 50 0 856 Total Labor Cost 6,640.00 23,712.00 30,740.00 0.00 34,160.00 16,488.00 36,400.00 2,784.00 0.00 20,832.00 2,618.00 6,720.00 6,200.00 0.00 187294.00 11237.64 198531.64 Activity Code (see below) DESCRIPTIONTASK NUMBER PERSONNEL & LABOR RATE Exhibit A. Consultant Fee Determination Summary Sheet City of Renton Cedar River Bank Stabilization Project Rate Amendment 3 PHASE 2 - BANK STABILIZATION 1 Exhibit A-3 AG E N D A I T E M # 5 . h ) Page 1 of 2 Schedule_GeoEngineers Standard–2025 COMPENSATION Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a lump sum amount is so indicated in the proposal or services agreement. Current rates are: PROFESSIONAL STAFF Staff 1 Scientist $ 152/hour Staff 1 Engineer $ 160/hour Staff 2 Scientist $ 174/hour Staff 2 Engineer $ 182/hour Staff 3 Scientist $ 198/hour Staff 3 Engineer $ 206/hour Project Scientist 1 $ 229/hour Project Engineer 1 $ 237/hour Project Scientist 2 $ 236/hour Project Engineer 2 $ 244/hour Senior Engineer/Scientist 1 $ 265/hour Senior Engineer/Scientist 2 $ 290/hour Associate $ 304/hour Principal $ 332/hour Senior Principal $ 354/hour TECHNICAL SUPPORT STAFF Administrator 1 $ 105/hour Administrator 2 $ 124/hour Administrator 3 $ 140/hour CAD Technician $ 137/hour CAD Designer $ 160/hour Senior CAD Designer $ 186/hour GIS Analyst $ 172/hour Senior GIS Analyst $ 187/hour GIS Coordinator $ 208/hour *Technician $ 120/hour *Senior Technician $ 145/hour *Lead Technician $ 155/hour Geotechnical Construction Specialist $ 203/hour Environmental Database Manager $ 235/hour Health and Safety Specialist $ 152/hour Health and Safety Manager $ 208/hour *Hours in excess of 8 hours in a day or 40 hours in a week will be charged at one and one-half times the hourly rates listed above. Contracted professional and technical services will be charged at the applicable hourly rates listed above. Staff time spent providing expert services in disputes, mediation, arbitration and litigation will be billed at one and one-half times the above rates. Time spent in either local or inter-city travel, when travel is in the interest of this contract, will be charged in accordance with the foregoing schedule. A surcharge may be applied to night and weekend work. See proposal for details. Rates for data storage and web-based access will be provided on a project-specific basis. Associated Project Costs (APC) Associated Project Costs (APC) equal to six percent (6%) of professional fees will be assessed. This fee allows GeoEngineers to invest in the necessary infrastructure to ensure we provide our clients with the latest technological and data security standards. The investments include maintaining and advancing technical tools and platforms across all aspects of our business, and strengthening our defenses against cyber threats to ensure data remains secure. These costs are not included in our hourly rates or direct expenses. Exhibit A-3AGENDA ITEM #5. h) Page 2 of 2 Schedule_GeoEngineers Standard–2025 EQUIPMENT Air Quality Equipment, per Day $ 210.00 Air Sparging Field Test, per Day $ 110.00 Air/Vapor Monitoring Equipment (PID, 5-Gas Meter), per Day $ 110.00 Asbestos Sample Kit, Each $ 30.00 Blastmate, per Day $ 120.00 D&M Sampler, per Day $ 150.00 DO (Dissolved Oxygen) Kit, Each $ 25.00 Dynamic Cone Penetrometer, per Day $ 45.00 E-Tape (Electric Tape), per Day $ 35.00 Electric Density Gauge, per Day $ 110.00 Electric Density Gauge, per Week $ 430.00 Electric Density Gauge, per Month $ 1,400.00 Environmental Exploration Equipment, per Day $ 225.00 Field Data Acquisition Equipment (Field Tablet), per Day $ 55.00 Field Tablet, per Week $ 200.00 Field Tablet, per Month $ 750.00 Field Tablet with Cellular, per Day $ 75.00 Field Tablet with Cellular, per Week $ 300.00 Field Tablet with Cellular, per Month $ 1,000.00 Field Gear / Reconnaissance, per Day $ 55.00 Gas Detection Meters, per Day $ 105.00 Generator, per Day $ 110.00 Groundwater Pressure Transducer w/ Datalogger, per Day $ 55.00 Groundwater Pressure Transducer w/ Datalogger, per Week $ 220.00 Hand Auger, per Day $ 100.00 Inclinometer Probe, per Day, 1 Day minimum $ 210.00 Interface Probe, per Day $ 65.00 Iron Test Kit, Each $ 25.00 Laser Level, per Day $ 60.00 Low Flow Groundwater Sampling Equipment, per Day $ 235.00 Multiparameter Water Quality Meter, per Day $ 85.00 Nuclear Density Gage, per Hour, 1/2 Day minimum $ 15.00 Peristaltic Pump, per Day $ 50.00 pH Probe,/Meter per Day $ 20.00 PID, FID or OVA, per Day $ 130.00 Rock/Slope Fall Protection/Rigging Equipment, per Day $ 700.00 Saximeter, per Day $ 60.00 Scuba Diving Gear, per Day/per Diver $ 700.00 Shallow Soil Exploration Equipment, per Day $ 60.00 Soil Field Screening Equipment, per Day $ 20.00 Soil Sample Kit, Each $ 20.00 Steam Flow Meter, per Day $ 20.00 Strain Gauge Readout Equipment, per Day $ 50.00 Surface Water Flow Meter, per Day, 1/2 day minimum $ 50.00 Surface Water Quality Monitoring Equipment, per Day $ 50.00 Turbidity Meter, per Day $ 50.00 Vehicle usage, per Mile, or $30/half-day, whichever is greater $ IRS Rate Specialized and miscellaneous field equipment not listed above will be quoted on a project-specific basis. OTHER SERVICES, SUPPLIES AND SPECIAL TAXES Charges for services, equipment, supplies and facilities not furnished in accordance with the above schedule, and any unusual items of expense not customarily incurred in our normal operations, are charged at cost plus 15 percent. This includes shipping charges, subsistence, transportation, printing and reproduction, miscellaneous supplies and rentals, surveying services, drilling equipment, construction equipment, watercraft, aircraft, and special insurance which may be required. Taxes required by local jurisdictions for projects in specific geographic areas will be charged to projects at direct cost. Per diem may be charged in lieu of subsistence and lodging. Routinely used field supplies stocked in-house by GeoEngineers, at current rates, list available upon request. In-house testing for geotechnical soil characteristics at current rates, list available upon request. All rates are subject to change upon notification. Exhibit A-3AGENDA ITEM #5. h) CEDAR RIVER TRAIL RM 2.13 BANK STABILIZATION LOCATION CEDAR RIVER TRAIL RM 2.13 BANK STABILIZATION PROJECT RENTON, WASHINGTON 50 PERCENT DESIGN GEOENGINEERS INC. JOSEPH CALLAGHAN 1101 FAWCETT AVE., STE. 200 TACOMA, WASHINGTON 98402 PH: (253) 722-2796 CITY OF RENTON KING COUNTY WASHINGTON STATE NOT TO SCALE CITY OF RENTON CAILIN HUNSAKER RENTON CITY HALL 1055 SOUTH GRADY WAY RENTON, WASHINGTON 98057 PH: (425) 430-6606 CEDAR RIVER BANK STABILIZATION PROJECT NOT TO SCALE CONTACT INFORMATION Know what's below. before you dig.Call R Pl o t t e d : 0 6 / 2 0 / 2 0 2 3 , 2 2 : 5 0 | s y i P: \ 0 \ 0 6 9 3 0 8 7 \ C A D \ 0 1 \ B a n k S t a b i l i z a t i o n \ v 0 1 _ 5 0 _ P e r c e n t \ 0 6 9 3 0 8 7 0 1 _ S h t 1 _ 1 . 0 [ C o v e r S h e e t ] . d w g CEDAR RIVER TRAIL RM 2.13 BANK STABILIZATION PROJECT RENTON, WASHINGTON WWW.GEOENGINEERS.COM NO.DATE BY ISSUE / DESCRIPTION PREPARED FOR:DRAWING NUMBER: SHEET: OF DESIGNED BY: DRAWN BY: APPROVED BY: DATE: REVISION NO.: 50 P E R C E N T D E S I G N - N O T F O R C O N S T R U C T I O N PRE L I M I N A R Y KING COUNTY CEDAR R I V E R S E M A P L E V A L L E Y R O A D / S R 1 6 9 B E A C O N W A Y S RENTON NEWCASTLE TUKWILA 1.0COVER SHEET 111 ECD/KTF GLS/SCY JOC ---- 06/20/23 CEDAR RIVE R CE D A R R I V E R T R A I L HIG H W A Y 4 0 5 NOT TO SCALE SHEET INDEX Sheet #Drawing #Sheet Title 1 1.0 Cover Sheet 2 1.1 General Notes 3 2.0 Erosion and Sediment Control Plan 4 3.0 Existing Conditions, Demolition and Site Preparation Plan 5 3.1 Access and Staging Plan 6 3.2 Typical Cross Section During Construction 7 3.3 Temporary Trail Plan, Profile and Detail 8 4.0 Bank Stabilization Plan 9 4.1 Bank Stabilization Typical Cross Section 10 5.0 Restoration Plan 11 5.1 Restoration Details I-405 I-5 AG E N D A I T E M # 5 . h ) ECD/KTF GLS/SCY JOC ---- 06/20/23 1.1GENERAL NOTES 112Pl o t t e d : 0 6 / 2 0 / 2 0 2 3 , 2 2 : 5 1 | s y i P: \ 0 \ 0 6 9 3 0 8 7 \ C A D \ 0 1 \ B a n k S t a b i l i z a t i o n \ v 0 1 _ 5 0 _ P e r c e n t \ 0 6 9 3 0 8 7 0 1 _ S h t 2 _ 1 . 1 [ G e n e r a l N o t e s ] . d w g CEDAR RIVER TRAIL RM 2.13 BANK STABILIZATION PROJECT RENTON, WASHINGTON WWW.GEOENGINEERS.COM NO.DATE BY ISSUE / DESCRIPTION PREPARED FOR:DRAWING NUMBER: SHEET: OF DESIGNED BY: DRAWN BY: APPROVED BY: DATE: REVISION NO.: 50 P E R C E N T D E S I G N - N O T F O R C O N S T R U C T I O N PRE L I M I N A R Y GENERAL NOTES: 1.THESE DRAWINGS ARE PART OF THE CEDAR RIVER RM 2.13 BANK STABILIZATION PROJECT CONTRACT DOCUMENTS. MAINTAIN COMPLETE COPY OF CONTRACT DOCUMENTS ON-SITE AT ALL TIMES WHEN WORK IS BEING PERFORMED. 2.MAINTAIN COPIES OF ALL PERMITS ON-SITE WHEN WORK IS BEING PERFORMED. COMPLY WITH ALL PERMITS. NOTIFY CITY OF RENTON IMMEDIATELY UPON DISCOVERY OF ANY PERMIT NON-COMPLIANCE. PROVIDE COPY OF ANY COMMUNICATION OR NOTICE FROM ANY PERMITTING AGENCIES TO CITY OF RENTON WITHIN 24 HOURS OF RECEIPT. 3.NOTIFY CITY OF RENTON WITH 24 HOURS OF ANY ON-SITE SAFETY INCIDENTS INVOLVING CONTRACTOR'S EMPLOYEES, OR AS SOON AS POSSIBLE FOR ANY SAFETY INCIDENTS INVOLVING THE PUBLIC 4.NOTIFY CITY OF RENTON AS SOON AS POSSIBLE REGARDING ANY ON-SITE SPILLS OF FUELS OR HAZARDOUS SUBSTANCES REGARDLESS OF QUANTITY. EROSION AND SEDIMENT CONTROL (ESC) STANDARD PLAN NOTES: THE FOLLOWING IS A LISTING OF GENERAL NOTES THAT SHALL BE INCORPORATED IN THE EROSION AND SEDIMENT CONTROL (ESC) PLAN SET. ALL THE NOTES ON THE LIST MAY NOT PERTAIN TO EVERY PROJECT. THE APPLICANT OR OWNER, HEREBY REFERRED TO AS APPLICANT, MAY STRIKE OUT IRRELEVANT NOTES IF NOT APPLICABLE TO THE PROJECT. HOWEVER, THE APPLICANT SHALL NOT RENUMBER NOR EDIT THE REMAINING NOTES. IF ADDITIONAL NOTES ARE NEEDED FOR SPECIFIC ASPECTS, THEY SHALL BE ADDED AFTER THE ESC STANDARD PLAN NOTES. 1.BEFORE ANY CONSTRUCTION OR DEVELOPMENT ACTIVITY OCCURS, A PRE- CONSTRUCTION MEETING SHALL BE HELD AMONG THE CITY OF RENTON, HEREBY REFERRED TO AS THE CITY, THE APPLICANT, AND THE APPLICANT' S CONTRACTOR. 2.THE APPLICANT IS RESPONSIBLE FOR OBTAINING THE WASHINGTON STATE DEPARTMENT OF ECOLOGY (ECOLOGY) CONSTRUCTION STORMWATER GENERAL PERMIT, IF IT IS REQUIRED FOR THE PROJECT. THE APPLICANT SHALL PROVIDE THE CITY COPIES OF ALL MONITORING REPORTS PROVIDED TO ECOLOGY ASSOCIATED WITH THE CONSTRUCTION STORMWATER GENERAL PERMIT. 3.THE ESC PLAN SET SHALL INCLUDE AN ESC CONSTRUCTION SEQUENCE DETAILING THE ORDERED STEPS THAT SHALL BE FOLLOWED FROM CONSTRUCTION COMMENCEMENT TO POST- PROJECT CLEANUP IN ORDER TO FULFILL PROJECT ESC REQUIREMENTS. 4.THE BOUNDARIES OF THE CLEARING LIMITS, SENSITIVE AREAS AND THEIR BUFFERS, AND AREAS OF VEGETATION PRESERVATION AND TREE RETENTION AS PRESCRIBED ON THE PLAN(S) SHALL BE CLEARLY DELINEATED BY FENCING AND PROTECTED IN THE FIELD IN ACCORDANCE WITH APPENDIX D OF THE CITY OF RENTON SURFACE WATER DESIGN MANUAL (RENTON SWDM) PRIOR TO THE START OF CONSTRUCTION. DURING THE CONSTRUCTION PERIOD, NO DISTURBANCE BEYOND THE CLEARING LIMITS SHALL BE PERMITTED. THE CLEARING LIMITS SHALL BE MAINTAINED BY THE APPLICANT/ESC SUPERVISOR FOR THE DURATION OF CONSTRUCTION. 5.STABILIZED CONSTRUCTION ENTRANCES SHALL BE INSTALLED AT THE BEGINNING OF CONSTRUCTION AND MAINTAINED FOR THE DURATION OF THE PROJECT. ADDITIONAL MEASURES, SUCH AS CONSTRUCTED WHEEL WASH SYSTEMS OR WASH PADS, MAY BE REQUIRED TO ENSURE THAT ALL PAVED AREAS ARE KEPT CLEAN AND TRACK- OUT TO ROAD RIGHT OF WAY DOES NOT OCCUR FOR THE DURATION OF THE PROJECT. IF SEDIMENT IS TRACKED OFFSITE, PUBLIC ROADS SHALL BE CLEANED THOROUGHLY AT THE END OF EACH DAY, OR MORE FREQUENTLY DURING WET WEATHER, AS NECESSARY TO PREVENT SEDIMENT FROM ENTERING WATERS OF THE STATE. 6.WASHOUT FROM CONCRETE TRUCKS SHALL BE PERFORMED OFF- SITE OR IN DESIGNATED CONCRETE WASHOUT AREAS ONLY. DO NOT WASH OUT CONCRETE TRUCKS ONTO THE GROUND, OR TO STORM DRAINS OR OPEN DITCHES. ON- SITE DUMPING OF EXCESS CONCRETE SHALL ONLY OCCUR IN DESIGNATED CONCRETE WASHOUT AREAS. 7.ALL REQUIRED ESC BMPS SHALL BE CONSTRUCTED AND IN OPERATION PRIOR TO LAND CLEARING AND/OR CONSTRUCTION TO PREVENT TRANSPORTATION OF SEDIMENT TO SURFACE WATER, DRAINAGE SYSTEMS AND ADJACENT PROPERTIES. ALL ESC BMPS SHALL BE MAINTAINED IN A SATISFACTORY CONDITION UNTIL SUCH TIME THAT CLEARING AND/OR CONSTRUCTION IS COMPLETE AND POTENTIAL FOR ON- SITE EROSION HAS PASSED. ALL ESC BMPS SHALL BE REMOVED AFTER CONSTRUCTION IS COMPLETED AND THE SITE HAS BEEN STABILIZED TO ENSURE POTENTIAL FOR ON- SITE EROSION DOES NOT EXIST. THE IMPLEMENTATION, MAINTENANCE, REPLACEMENT, ENHANCEMENT, AND REMOVAL OF ESC BMPS SHALL BE THE RESPONSIBILITY OF THE APPLICANT. 8.ANY HAZARDOUS MATERIALS OR LIQUID PRODUCTS THAT HAVE THE POTENTIAL TO POLLUTE RUNOFF SHALL BE DISPOSED OF PROPERLY. 9.THE ESC BMPS DEPICTED ON THIS DRAWING ARE INTENDED TO BE MINIMUM REQUIREMENTS TO MEET ANTICIPATED SITE CONDITIONS. AS CONSTRUCTION PROGRESSES AND UNEXPECTED OR SEASONAL CONDITIONS DICTATE, THE APPLICANT SHALL ANTICIPATE THAT MORE ESC BMPS WILL BE NECESSARY TO ENSURE COMPLETE SILTATION CONTROL ON THE PROPOSED SITE. DURING THE COURSE OF CONSTRUCTION, IT SHALL BE THE OBLIGATION AND RESPONSIBILITY OF THE APPLICANT TO ADDRESS ANY NEW CONDITIONS THAT MAY BE CREATED BY THE ACTIVITIES AND TO PROVIDE ADDITIONAL ESC BMPS, OVER AND ABOVE MINIMUM REQUIREMENTS, AS MAY BE NEEDED, TO PROTECT ADJACENT PROPERTIES AND WATER QUALITY OF THE RECEIVING DRAINAGE SYSTEM. 10.APPROVAL OF THIS PLAN IS FOR ESC ONLY. IT DOES NOT CONSTITUTE AN APPROVAL OF STORM DRAINAGE DESIGN, SIZE NOR LOCATION OF PIPES, RESTRICTORS, CHANNELS, OR STORMWATER FACILITIES. 11.ANY DEWATERING SYSTEM NECESSARY FOR THE CONSTRUCTION OF STORMWATER FACILITIES SHALL BE SUBMITTED TO THE CITY FOR REVIEW AND APPROVAL. 12.ANY AREAS OF EXPOSED SOILS, INCLUDING ROADWAY EMBANKMENTS, THAT WILL NOT BE DISTURBED FOR TWO DAYS DURING THE WET SEASON (OCTOBER 1ST THROUGH APRIL 30TH) OR SEVEN DAYS DURING THE DRY SEASON (MAY 1ST THROUGH SEPTEMBER 30TH) SHALL BE IMMEDIATELY STABILIZED WITH THE APPROVED ESC COVER METHODS (E.G., SEEDING, MULCHING, PLASTIC COVERING, ETC.) IN CONFORMANCE WITH APPENDIX D OF THE RENTON SWDM. 13.WET SEASON ESC REQUIREMENTS APPLY TO ALL CONSTRUCTION SITES BETWEEN OCTOBER 1ST AND APRIL 30TH, UNLESS OTHERWISE APPROVED BY THE CITY. 14.ANY AREA NEEDING ADDITIONAL ESC MEASURES, NOT REQUIRING IMMEDIATE ATTENTION, SHALL BE ADDRESSED WITHIN SEVEN (7) DAYS. 15.THE ESC BMPS ON INACTIVE SITES SHALL BE INSPECTED AND MAINTAINED AT A MINIMUM OF ONCE A MONTH OR WITHIN 24 HOURS FOLLOWING A STORM EVENT. INSPECTION AND MAINTENANCE SHALL OCCUR MORE FREQUENTLY AS REQUIRED BY THE CITY. 16.BEFORE COMMENCEMENT OF ANY CONSTRUCTION ACTIVITY, CATCH BASIN INSERTS PER THE CITY STANDARD PLAN 216.30 SHALL BE PROVIDED FOR ALL STORM DRAIN INLETS DOWNSLOPE AND WITHIN 500 FEET OF A DISTURBED OR CONSTRUCTION AREA, UNLESS THE RUNOFF THAT ENTERS THE INLET WILL BE CONVEYED TO A SEDIMENT POND OR TRAP. ALL CATCH BASIN INSERTS SHALL BE PERIODICALLY INSPECTED AND REPLACED AS NECESSARY TO ENSURE FULLY FUNCTIONING CONDITION. 17.AT NO TIME SHALL SEDIMENT ACCUMULATION EXCEED 2/3 OF THE CAPACITY OF THE CATCH BASIN SUMP. ALL CATCH BASINS AND CONVEYANCE LINES SHALL BE CLEANED PRIOR TO PAVING. THE CLEANING OPERATION SHALL NOT FLUSH SEDIMENT- LADEN WATER INTO THE DOWNSTREAM SYSTEM. 18.ANY PERMANENT STORMWATER FACILITY LOCATION USED AS A TEMPORARY SETTLING BASIN SHALL BE MODIFIED WITH THE NECESSARY ESC BMPS AND SHALL PROVIDE ADEQUATE STORAGE CAPACITY. IF THE TEMPORARY FACILITY IS TO ULTIMATELY FUNCTION AS AN INFILTRATION SYSTEM IN ITS PERMANENT STATE, THE TEMPORARY FACILITY SHALL BE ROUGH GRADED SO THAT THE BOTTOM AND SIDES ARE AT LEAST THREE FEET ABOVE THE FINAL GRADE OF THE PERMANENT FACILITY. 19.AREAS DESIGNATED ON THE PLAN(S) CONTAINING EXISTING STORMWATER FACILITIES OR ON- SITE BMPS (AMENDED SOILS, BIORETENTION, PERMEABLE PAVEMENT, ETC.) SHALL BE CLEARLY FENCED AND PROTECTED USING ESC BMPS TO AVOID SEDIMENTATION AND COMPACTION DURING CONSTRUCTION. 20.PRIOR TO THE BEGINNING OF THE WET SEASON (OCTOBER 1ST), ALL DISTURBED AREAS SHALL BE INSPECTED TO IDENTIFY WHICH ONES SHALL BE SODDED OR SEEDED IN PREPARATION FOR THE WINTER RAINS. DISTURBED AREAS SHALL BE SODDED OR SEEDED WITHIN ONE WEEK OF THE BEGINNING OF THE WET SEASON. AN EXHIBIT OF THOSE AREAS TO BE SODDED OR SEEDED AND THOSE AREAS TO REMAIN UNCOVERED SHALL BE SUBMITTED TO THE CITY FOR REVIEW. 21.PRIOR TO FINAL CONSTRUCTION ACCEPTANCE, THE PROJECT SITE SHALL BE STABILIZED TO PREVENT SEDIMENT- LADEN WATER FROM LEAVING THE PROJECT SITE, ALL ESC BMPS SHALL BE REMOVED, AND STORMWATER CONVEYANCE SYSTEMS, FACILITIES, AND ON- SITE BMPS SHALL BE RESTORED TO THEIR FULLY FUNCTIONING CONDITION. ALL DISTURBED AREAS OF THE PROJECT SITE SHALL BE VEGETATED OR OTHERWISE PERMANENTLY STABILIZED. AT A MINIMUM, DISTURBED AREAS SHALL BE SODDED OR SEEDED AND MULCHED TO ENSURE THAT SUFFICIENT COVER WILL DEVELOP SHORTLY AFTER FINAL APPROVAL. MULCH WITHOUT SEEDING IS ADEQUATE FOR AREAS TO BE LANDSCAPED BEFORE OCTOBER 1ST. 22.ROCKERIES ARE CONSIDERED TO BE A METHOD OF BANK STABILIZATION AND EROSION CONTROL. ROCKERIES SHALL NOT BE CONSTRUCTED TO SERVE AS RETAINING WALLS. ALL ROCKERIES IN CITY ROAD RIGHTS- OF-WAY SHALL BE CONSTRUCTED IN ACCORDANCE WITH CITY STANDARDS. ROCKERIES OUTSIDE OF ROAD RIGHTS-OF-WAY SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE INTERNATIONAL BUILDING CODE. AG E N D A I T E M # 5 . h ) TOP TOP TOPTOP T O P T O P T O P T O E T O E T O E TOE TOE TOE TOE EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP O H W O H W O H W O H W OH W O H W OHW OH W OHW OHW OHW OHW OHW OHW 1+40 1+60 1+80 2+00 2+20 2+40 2+60 2+80 3+00 3+20 3+40 3+60 3+80 4+00 4+20 4+40 4+60 4+80 5+00 5+20 5+40 5+60 5+80 6+00 6+20 6+40 6+60 35 40 45 50 55 60 35 40 45 50 55 60 40 45 40 45 65 70 75 80 6 2 6 3 6 1 62 65 62 63 64 65 65 65 70 75 65 70 7 5 65 70 75 75 61 61 6 0 6 5 3 5 4 0 45 50 5 5 60 62 65 65 626364 61 61 62 62 64 64 64 6161 62 62 6364 65 62 62 6364 66 66 60 59 6162 63 61 62 35 40 45 50 55 60 DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH O H W O H W O H W O H W O H W O H W O H W O H W O H W O H W OHW O H W OH W OHW OHW OHW OHW OHW OHW OHW OHW [][][ ] [][][ ] [][][ ] [][][ ] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [ ] [ ] [ ] || || |||||||||||||||||||||||||||||||||||||||||||||| || || || |||||||||||||||||| || || || || || || || |||| || || | | | | | | | | || || |||| || || || || || |||| | | | | | | | | CEDAR RIVER TRAIL CEDAR RIVER EXISTING OHW TOE OF ERODING BANK TOP OF ERODING BANK EXISTING EDGE OF PAVEMENT APPROXIMATE PROJECT DISTURBANCE LIMITS 1 4 4 2 3 2 CONTRACTOR DESIGNED WORK ZONE ISOLATION STRUCTURE AND DEWATERING SYSTEM TO PROVIDE FOR CONSTRUCTING BANK STABILIZATION ELEMENTS IN DRY CONDITION. TREAT WATER TO MEET DISCHARGE REQUIREMENTS PER CITY OF RENTON SWDM APPENDIX D. RUN-ON DIVERSION BMP 150 FT BUFFER OHW CONTRACTOR TO IMPLEMENT BMPs AS REQUIRED FOR CONTRACTOR DESIGNED TEMPORARY CONSTRUCTION ACCESS (SEE DRAWING 3.1) REVEGETATION BMPs (SEE DRAWING 5.0) EXISTING TRAIL ALIGNMENT POTENTIAL DISCHARGE LOCATION FEMA FLOODWAY FEMA REGULATORY ZONE AE FLOODPLAIN FEMA NON REGULATORY FLOODPLAIN FEMA NON REGULATORY FLOODPLAIN FEMA REGULATORY ZONE AE FLOODPLAIN POTENTIAL DISCHARGE LOCATION POTENTIAL DISCHARGE LOCATION TEMPORARY TRAIL RELOCATION AREA ECD/KTF GLS/SCY JOC ---- 06/20/23 2.0EROSION AND SEDIMENT CONTROL PLAN 113Pl o t t e d : 0 6 / 2 0 / 2 0 2 3 , 2 2 : 5 1 | s y i P: \ 0 \ 0 6 9 3 0 8 7 \ C A D \ 0 1 \ B a n k S t a b i l i z a t i o n \ v 0 1 _ 5 0 _ P e r c e n t \ 0 6 9 3 0 8 7 0 1 _ S h t 3 _ 2 . 0 [ E r o s i o n a n d S e d i m e n t C o n t r o l P l a n ] . d w g CEDAR RIVER TRAIL RM 2.13 BANK STABILIZATION PROJECT RENTON, WASHINGTON WWW.GEOENGINEERS.COM NO.DATE BY ISSUE / DESCRIPTION PREPARED FOR:DRAWING NUMBER: SHEET: OF DESIGNED BY: DRAWN BY: APPROVED BY: DATE: REVISION NO.: 50 P E R C E N T D E S I G N - N O T F O R C O N S T R U C T I O N PRE L I M I N A R Y N GRAPHIC SCALE IN FEET 20 400 STABILIZE CONSTRUCTION ENTRANCE, SEE CITY OF RENTON SWDM D.2.1.4. INSTALL TRIANGULAR SILT DIKE, SEE CITY OF RENTON SWDM D.2.1.3.4. INSTALL PERIMETER PROTECTION (SILT FENCE), SEE CITY OF RENTON SWDM D.2.1.3.1. MARK CLEARING LIMITS, MULCH AND SEED IN ACCORDANCE WITH CITY OF RENTON SWDM D.2.1.1, D.2.1.2.2 AND D.2.1.2.6 RESPECTIVELY. PLACE NETS AND BLANKETS, AND INTERCEPTOR DIKES AND SWALES CITY OF RENTON SWDM D.2.1.2.3 AND D.2.1.6. 1 2 3 4 EROSION CONTROL DETAILS: NOTES: 1.CONTRACTOR SHALL COMPLY WITH REQUIREMENTS PER CITY OF RENTON SURFACE WATER DESIGN MANUAL (SWDM) APPENDIX D: CONSTRUCTION STORMWATER POLLUTION PREVENTION STANDARDS. 2.REVEGETATION BMPS (SEE DRAWING 5.0). 3.PROVIDE STOCKPILE BMPS IN STOCKPILE AREA. LEGEND EXISTING CONTOUR LINE - MAJOR (5-FOOT) EXISTING CONTOUR LINE - MINOR (1-FOOT) APPROXIMATE EXISTING TREE DRIP LINE CONSTRUCTION STORMWATER POLLUTION PREVENTION RECOMMENDED CONSTRUCTION SEQUENCE 1.PRE-CONSTRUCTION MEETING. 2.POST SIGN WITH NAME AND PHONE NUMBER OF CITY OF RENTON SWDM SUPERVISOR (MAY BE CONSOLIDATED WITH THE REQUIRED NOTICE OF CONSTRUCTION SIGN). 3.FLAG OR FENCE CLEARING LIMITS. 4.INSTALL CATCH BASIN PROTECTION AND STORMWATER BMP AREA PROTECTION AS REQUIRED. 5.GRADE AND INSTALL CONSTRUCTION ENTRANCE(S). 6.INSTALL PERIMETER PROTECTION (SILT FENCE, BRUSH BARRIER, ETC.). 7.CONSTRUCT SEDIMENT PONDS AND TRAPS. 8.GRADE AND STABILIZE CONSTRUCTION ROADS. 9.CONSTRUCT SURFACE WATER CONTROLS (INTERCEPTOR DIKES, PIPE SLOPE DRAINS, ETC.) SIMULTANEOUSLY WITH CLEARING AND GRADING FOR PROJECT DEVELOPMENT. CONSTRUCT SWPPS CONTROLS IN ANTICIPATION OF SCHEDULED CONSTRUCTION ACTIVITY (E.G., CONCRETE-RELATED PH MEASURES FOR UTILITY, VAULT OR ROADWAY CONSTRUCTION) 10.MAINTAIN EROSION CONTROL MEASURES IN ACCORDANCE WITH APPENDIX D OF THE CITY OF RENTON SURFACE WATER DESIGN MANUAL AND MANUFACTURER’S RECOMMENDATIONS. 11.RELOCATE EROSION CONTROL MEASURES OR INSTALL NEW MEASURES SO THAT AS SITE CONDITIONS CHANGE THE EROSION AND SEDIMENT CONTROL AND POLLUTION PREVENTION IS ALWAYS IN ACCORDANCE WITH THE CITY’S EROSION AND SEDIMENT CONTROL STANDARDS. 12.COVER ALL AREAS THAT WILL BE UNWORKED FOR MORE THAN SEVEN DAYS DURING THE DRY SEASON OR TWO DAYS DURING THE WET SEASON WITH STRAW, WOOD FIBER MULCH, COMPOST, OR EQUIVALENT. 13.STABILIZE ALL AREAS THAT REACH FINAL GRADE WITHIN SEVEN DAYS. 14.SEED OR SOD ANY AREAS TO REMAIN UNWORKED FOR MORE THAN 30 DAYS. 15.UPON COMPLETION OF THE PROJECT, ALL DISTURBED AREAS MUST BE STABILIZED AND BMPS REMOVED IF APPROPRIATE. AG E N D A I T E M # 5 . h ) TOP TOP TOP TOP TOP TOPTOP TOP TO P T O P T O P T O P T O P T O P T O E T O E T O E T O E T O E T O E TOE TOE TOE TOE TOE TOE TOE TOE TOE EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP3+20 3+40 3+60 3+80 4+00 4+20 4+40 4+60 4+80 5+00 5+20 5+40 5+60 35 40 45 50 55 60 35 40 45 50 55 60 6 2 6 3 6 1 62 65 62 63 64 65 65 65 70 75 65 70 7 5 61 61 6 0 6 5 3 5 4 0 45 50 5 5 60 62 65 65 62 63 64 61 61 62 62 64 64 64 61 61 62 62 63 64 62 61 62 DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH O H W O H W O H W O H W O H W O H W OH W O H W OH W OH W O H W O H W OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHWOHW OHW OHW OH W O H W O H W CEDAR RIVER EXISTING OHW TOE OF ERODING BANK TOP OF ERODING BANK APPROXIMATE EXISTING TREE DRIP LINE EXISTING EDGE OF PAVEMENT CLEAR AND GRUB TRAIL RELOCATION AREA. SEE DRAWING 3.3. FEMA FLOODWAY FEMA REGULATORY ZONE AE FLOODPLAIN FEMA NON REGULATORY FLOODPLAIN APPROXIMATE PROJECT DISTURBANCE LIMITS APPROXIMATE OHWL PRIOR TO BANK EROSION DEMOLISH ACP CEDAR RIVER TRAIL FEMA REGULATORY ZONE AE FLOODPLAIN ECD/KTF GLS/SCY JOC ---- 06/20/23 3.0EXISTING CONDITIONS, DEMOLITION AND SITE PREPARATION PLAN 114Pl o t t e d : 0 6 / 2 0 / 2 0 2 3 , 2 2 : 5 2 | s y i P: \ 0 \ 0 6 9 3 0 8 7 \ C A D \ 0 1 \ B a n k S t a b i l i z a t i o n \ v 0 1 _ 5 0 _ P e r c e n t \ 0 6 9 3 0 8 7 0 1 _ S h t 4 _ 3 . 0 [ E x i s t i n g C o n d i t i o n s , D e m o l i t i o n a n d S i t e P r e p a r a t i o n P l a n ] . d w g CEDAR RIVER TRAIL RM 2.13 BANK STABILIZATION PROJECT RENTON, WASHINGTON WWW.GEOENGINEERS.COM NO.DATE BY ISSUE / DESCRIPTION PREPARED FOR:DRAWING NUMBER: SHEET: OF DESIGNED BY: DRAWN BY: APPROVED BY: DATE: REVISION NO.: 50 P E R C E N T D E S I G N - N O T F O R C O N S T R U C T I O N PRE L I M I N A R Y N GRAPHIC SCALE IN FEET 0 10 20 LEGEND EXISTING CONTOUR LINE - MAJOR (5-FOOT) EXISTING CONTOUR LINE - MINOR (1-FOOT) APPROXIMATE EXISTING TREE DRIP LINE EXISTING DITCHDITCH CLEAR AND GRUB TRAIL RELOCATION AREA. SEE NOTE 1. NOTE: 1.CLEAR AND GRUB: CLEAR AND GRUB ANY TREES AND SHRUBS. MOW AS LOW AS POSSIBLE. DISPOSE OF CLEARING AND GRUBBING MATERIALS OFFSITE. PREPARE GROUND FOR TRAIL PER DRAWING 3.3. REMOVE AND DISPOSE OF UNSUITABLE MATERIAL. AG E N D A I T E M # 5 . h ) TOP TOP TOPTOP T O P T O P TOP T O E T O E T O E TOE TOE TOE TOE EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP O H W O H W O H W O H W OH W OH W OHW OH W OHW OHW OHW OHW OHW OHW 1+40 1+60 1+80 2+00 2+20 2+40 2+60 2+80 3+00 3+20 3+40 3+60 3+80 4+00 4+20 4+40 4+60 4+80 5+00 5+20 5+40 5+60 5+80 6+00 6+20 6+40 6+60 35 40 45 50 55 60 35 40 45 50 55 60 40 45 40 45 65 70 75 80 6 2 6 3 6 1 62 65 62 63 64 65 65 65 70 75 80 85 90 65 70 7 5 80 85 90 9 5 10 0 65 70 75 75 61 61 6 0 6 5 3 5 4 0 45 50 5 5 60 62 65 65 626364 61 61 62 62 64 64 64 6161 62 62 6364 65 62 62 6364 66 66 60 59 6162 63 61 62 35 40 45 50 55 60 DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH O H W O H W O H W O H W O H W O H W O H W O H W O H W O H W OHW O H W OH W OHW OHW OHW OHW OHW OHW OHW OHW CEDAR RIVER TRAIL [][][ ] [][][ ] [][][ ] [][][ ] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [ ] [ ] [ ] CEDAR RIVER 150 FT BUFFER OHW A 3.2 APPROXIMATE LOCATION OF STABILIZATION BANK EXISTING OHW TOE OF ERODING BANK TOP OF ERODING BANK APPROXIMATE EXISTING TREE DRIP LINE EXISTING EDGE OF PAVEMENT CITY OF RENTON CONTROL POINTS: 300 FT, 880 FT VEHICLE STORAGE, MAINTENANCE AND REFUELINGACCESS VIA CEDAR RIVER TRAILHEAD WORK ZONE ISOLATION STRUCTURE FEMA FLOODWAY FEMA REGULATORY ZONE AE FLOODPLAIN FEMA NON REGULATORY FLOODPLAIN FEMA REGULATORY ZONE AE FLOODPLAIN APPROXIMATE PROJECT DISTURBANCE LIMITS CONTRACTOR DESIGNED ACCESS ROUTE AND SHORING (ESTIMATE 4:1 SLOPE) CONTRACTOR DESIGNED CONSTRUCTION ACCESS (10 FT WIDE BENCH MINIMUM) 1:1 TEMPORARY CONSTRUCTION SLOPE 12" DIA. TEMPORARY CULVERT PROTECT OR REMOVE AND RESTORE BENCH, TRASH CAN, AND CONCRETE SLABS PROTECT TRAIL FROM DAMAGE DURING ALL PHASES OF CONSTRUCTION. MINIMIZE ACCESS IMPACTS TO EXISTING TRAIL. TYPICAL ACCESS DURING CONSTRUCTION (SECTION A/DRAWING 3.2) TEMPORARY TRAIL RELOCATION AREA FEMA NON REGULATORY FLOODPLAIN ACCESS ROUTE I-405 CEDAR RIVER TRAIL SITE CITY IDENTIFIED THIS AREA AS POTENTIAL STAGING SITE CEDAR RIVER STREAM ECD/KTF GLS/SCY JOC ---- 06/20/23 3.1ACCESS AND STAGING PLAN 115Pl o t t e d : 0 6 / 2 0 / 2 0 2 3 , 2 2 : 5 3 | s y i P: \ 0 \ 0 6 9 3 0 8 7 \ C A D \ 0 1 \ B a n k S t a b i l i z a t i o n \ v 0 1 _ 5 0 _ P e r c e n t \ 0 6 9 3 0 8 7 0 1 _ S h t 5 _ 3 . 1 [ A c c e s s a n d S t a g i n g P l a n ] . d w g CEDAR RIVER TRAIL RM 2.13 BANK STABILIZATION PROJECT RENTON, WASHINGTON WWW.GEOENGINEERS.COM NO.DATE BY ISSUE / DESCRIPTION PREPARED FOR:DRAWING NUMBER: SHEET: OF DESIGNED BY: DRAWN BY: APPROVED BY: DATE: REVISION NO.: 50 P E R C E N T D E S I G N - N O T F O R C O N S T R U C T I O N PRE L I M I N A R Y N GRAPHIC SCALE IN FEET 20 400 LEGEND EXISTING CONTOUR LINE - MAJOR (5-FOOT) EXISTING CONTOUR LINE - MINOR (1-FOOT) APPROXIMATE EXISTING TREE DRIP LINE EXISTING DITCHDITCH N GRAPHIC SCALE IN FEET 0 600 1,200 AG E N D A I T E M # 5 . h ) 2-YR 100-YR EL E V A T I O N ( F E E T ) EL E V A T I O N ( F E E T ) STATION (FEET) 25 30 35 40 45 50 55 60 65 70 25 30 35 40 45 50 55 60 65 70 0+00 0+05 0+10 0+15 0+20 0+25 0+30 0+35 0+40 0+45 0+50 0+55 0+60 0+65 0+70 0+75 0+80 0+85 0+90 0+95 1+00 1+05 1+10 1+15 1+20 1+25 1+30 1+35 1+40 [] [ ] [ ] [] [ ] [ ] [] [ ] [ ] FEMA REGULATORY ZONE AE FLOODPLAIN FEMA FLOODWAY EXTENT APPROXIMATE TEMPORARY EXCAVATION LIMIT APPROXIMATE 100-YEAR WSE APPROXIMATE 2-YEAR WSE TEMPORARY WORK ZONE ISOLATION STRUCTURE TOP OF EXISTING BANK TOE OF EXISTING BANK 1:1 SLOPE MAX REMOVE AND DISPOSE OF LOOSE SOIL 1:5 SLOPE MAX, TRENCH AS NEED TO INSTALL LOG ENDS SEE DRAWING 4.1 CONTRACTOR DESIGNED TEMPORARY CONSTRUCTION ACCESS BENCH (10 FT WIDE MIN.) EXISTING GROUND SURFACE PROPOSED TEMPORARY GRAVEL TRAIL RELOCATION DURING CONSTRUCTION SEE DRAWING 3.3 8" COBBLES FOR SLOPE STABILIZATION, 2 FT MAX THICKNESS COVERING MAXIMUM 20 PERCENT OF SLOPE AREA TEMPORARY TRAIL DRAINAGE SWALE ECD/KTF GLS/SCY JOC ---- 06/20/23 3.2TYPICAL CROSS SECTION DURING CONSTRUCTION 116Pl o t t e d : 0 6 / 2 0 / 2 0 2 3 , 2 2 : 5 4 | s y i P: \ 0 \ 0 6 9 3 0 8 7 \ C A D \ 0 1 \ B a n k S t a b i l i z a t i o n \ v 0 1 _ 5 0 _ P e r c e n t \ 0 6 9 3 0 8 7 0 1 _ S h t 6 _ 3 . 2 [ T y p i c a l C r o s s S e c t i o n D u r i n g C o n s t r u c t i o n ] . d w g CEDAR RIVER TRAIL RM 2.13 BANK STABILIZATION PROJECT RENTON, WASHINGTON WWW.GEOENGINEERS.COM NO.DATE BY ISSUE / DESCRIPTION PREPARED FOR:DRAWING NUMBER: SHEET: OF DESIGNED BY: DRAWN BY: APPROVED BY: DATE: REVISION NO.: 50 P E R C E N T D E S I G N - N O T F O R C O N S T R U C T I O N PRE L I M I N A R Y GRAPHIC SCALE IN FEET 0 5 10SCALE: A 3.2 TYPICAL CROSS SECTION DURING CONSTRUCTION AG E N D A I T E M # 5 . h ) TOP TOP TOP TOP TOP TOPTOP TOP TO P T O P T O P T O P T O E T O E TOE TOE TOE TOE TOE TOE TOE EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP 3+00 3+20 3+40 3+60 3+80 4+00 4+20 4+40 4+60 4+80 5+00 5+20 5+40 5+60 5+80 6+00 40 45 50 55 60 45 50 55 60 6 2 6 3 6 1 62 65 62 63 64 65 65 65 61 61 62 65 62 63 64 61 61 62 62 64 64 61 61 62 62 63 64 65 62 62 63 64 66 66 60 59 61 62 63 61 62 60 DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH OHW OHW OHW OHW GEI CONTROL POINT 62.66 5+80 3+00 3+20 3+40 3+60 3+80 4+00 4+20 4+40 4+60 4+80 5+00 5+20 5+40 5+60 Station: 3+26.00 Offset: 0.00' N: 176882.83' E: 1304784.38' Station: 5+57.24 Offset: 0.00' N: 176755.68' E: 1304973.63' Station: 3+91.51 Offset: 0.00' N: 176835.32' E: 1304829.49'Station: 4+91.51 Offset: 0.00' N: 176779.19' E: 1304912.25' 61 62 62 62 63 63 62 62 X X X X X X X X X X X X X X X X X X X X X X EXISTING OHW TOE OF ERODING BANK TOP OF ERODING BANK EXISTING CEDAR RIVER TRAIL 64 FT TEMPORARY CHAINLINK FENCE. ANCHOR WITH TWO 50 LB SAND BAGS PER STAND EXISTING EDGE OF PAVEMENT 64 FT100 FT EDGE OF PROPOSED TEMPORARY TRAIL APPROXIMATE GRADING EXTENTS PROPOSED TRAIL CENTERLINE ALIGNMENT 14 FT EXISTING TRAIL CENTERLINE ALIGNMENT EL E V A T I O N ( F E E T ) EL E V A T I O N ( F E E T ) STATION (FEET) 60 61 62 63 64 60 61 62 63 64 3+00 3+10 3+20 3+30 3+40 3+50 3+60 3+70 3+80 3+90 4+00 4+10 4+20 4+30 4+40 4+50 4+60 4+70 4+80 4+90 5+00 5+10 5+20 5+30 5+40 5+50 5+60 5+70 5+80 MATCH EXISTING TRAIL ELEV. STA. 3+27.4' ELEV. 62.0' MATCH EXISTING TRAIL ELEV. STA. 5+76.7' ELEV. 63.0' PROPOSED TEMPORARY TRAIL EXISTING TRAIL ELEV. +0.25 FT. APPROXIMATE EXISTING GROUND 2-FT WIDE SHOULDER AT 4:1 (H:V) SLOPE FROM EXISTING EDGE OF PAVEMENT (TYP.), THEN 2:1 MAX SLOPE. SHOULDER WIDTH VARIES EXISTING GROUND SURFACE CRUSHED SURFACE BASE COARSE COMPACTED TO 95% OF MMD PER ASTM D1557 REMOVE TOPSOIL AND SURFACE VEGETATION INCLUDING PRIMARY ROOT SYSTEM AND OTHER ORGANIC RICH MATERIALS. COMPACT EXPOSED SUBGRADE IN PLACE TO A FIRM AND UNYIELDING CONDITION, PLACE SEPARATION GEOTEXTILE, AND CRUSHED SURFACING BASE COURSE. 12-FT WIDE TRAIL WITH 2% CROSS SLOPE TOWARDS RIVER EXISTING CEDAR RIVER TRAIL PAVED SURFACE MIN 6 IN. DEEP DRAINAGE SWALE WITH EROSION CONTROL BLANKET, CONNECT TO EXISTING TRAIL DRAINAGE TO EAST AND WEST 1:1 SLOPE Pl o t t e d : 0 6 / 2 0 / 2 0 2 3 , 2 2 : 5 5 | s y i P: \ 0 \ 0 6 9 3 0 8 7 \ C A D \ 0 1 \ B a n k S t a b i l i z a t i o n \ v 0 1 _ 5 0 _ P e r c e n t \ 0 6 9 3 0 8 7 0 1 _ S h t 7 _ 3 . 3 [ T e m p o r a r y T r a i l P l a n , P r o f i l e a n d D e t a i l ] . d w g CEDAR RIVER TRAIL RM 2.13 BANK STABILIZATION PROJECT RENTON, WASHINGTON WWW.GEOENGINEERS.COM NO.DATE BY ISSUE / DESCRIPTION PREPARED FOR:DRAWING NUMBER: SHEET: OF DESIGNED BY: DRAWN BY: APPROVED BY: DATE: REVISION NO.: 50 P E R C E N T D E S I G N - N O T F O R C O N S T R U C T I O N PRE L I M I N A R Y N PLAN VIEW PROFILE VIEW LEGEND EXISTING CONTOUR LINE - MAJOR (5-FOOT) EXISTING CONTOUR LINE - MINOR (1-FOOT) PROPOSED TRAIL RELOCATION TEMPORARY CHAINLINK FENCEX PROPOSED CONTOUR LINE - MAJOR (5-FOOT) PROPOSED CONTOUR LINE - MINOR (1-FOOT) NOTES: 1.SHEETS ARE PROJECTED IN WASHINGTON STATE PLANE NORTH, US FEET, NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88) 2.EXISTING SURVEY COMPLETED BY GEOENGINEERS INC. AND SUPPLEMENTED BY KING COUNTY 2020 LIDAR 3.CONTRACTOR TO INSTALL TRAIL TRAFFIC SIGNS: "DETOUR", "SLOW", "WALK BIKE ON GRAVEL". 3.3TEMPORARY TRAIL PLAN, PROFILE AND DETAIL 117 ECD/KTF GLS/SCY JOC ---- 06/20/23 GRAPHIC SCALE IN FEET 10 200 GRAPHIC SCALE IN FEET 10 200 TYPICAL TEMPORARY TRAIL DETAIL GRAPHIC SCALE IN FEET 0 5 10 AG E N D A I T E M # 5 . h ) EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP O H W O H W OHW OHW OH W OH W OHW OHW OHW OHW OHW OHW OHW 3+20 3+40 3+60 3+80 4+00 4+20 4+40 4+60 4+80 5+00 5+20 5+40 5+60 5+80 35 40 45 50 55 60 35 40 45 50 55 60 40 40 45 6 2 6 3 6 1 62 65 62 63 64 65 65 65 65 61 61 6 5 3 5 4 0 45 50 5 5 60 62 65 65 61 61 62 62 64 64 61 61 62 62 63 64 65 62 62 63 64 66 66 60 59 61 62 61 62 DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH DITCH O H W O H W O H W OHW O H W O H W O H W O H W OH W O H W OH W OH W O H W O H W OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW OHW CEDAR RIVER TRAIL WALK 35 40 45 50 55 60 35 40 45 50 55 60 35 40 45 50 55 60 3 5 4 0 4 5 5 0 5 5 6 0 [][][ ] [][][ ] [][][ ] [][][ ] [][][ ] [][][ ] [][][ ] [][][ ] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [][][] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] OHW OHWOHW OHW OHW OH W O H W O H W 0+ 0 0 0+ 1 0 0+ 2 0 0+ 3 0 0+ 4 0 0+ 5 0 0+ 6 0 0+ 7 0 0+ 8 0 0+ 9 0 0 + 0 0 0 + 1 0 0 + 2 0 0 + 3 0 0 + 4 0 0 + 5 0 0 + 6 0 0 + 7 0 0 + 8 0 LARGE WOOD STRUCTURE (TYP) CEDAR RIVER WORK ZONE ISOLATION STRUCTURE APPROXIMATE PROJECT DISTURBANCE LIMITS APPROXIMATE PROPOSED OHW RESTORE CONTRACTOR ACCESS AREAS AND TEMPORARY TRAIL AREA TO ORIGINAL CONDITION AFTER BANK CONSTRUCTION EXISTING OHW VEGETATED SOIL WRAPS SEE DETAIL 1 DRAWING 5.1 A 4.1 B 4.1 APPROXIMATE LIMITS OF GRADING OHW OHWOHW OHW OHW OH W O H W O H W WRAP COIR FABRIC AROUND ENDS OF VEGETATED SOIL WRAPS 6 FT. INTO BANK. FACE AND END WRAP FABRICS TO OVERLAP 6 FT. MIN. WRAP COIR FABRIC AROUND ENDS OF VEGETATED SOIL WRAPS 6 FT. INTO BANK. FACE AND END WRAP FABRICS TO OVERLAP 6 FT. MIN. ECD/KTF GLS/SCY JOC ---- 06/20/23 4.0BANK STABILIZATION PLAN 118Pl o t t e d : 0 6 / 2 0 / 2 0 2 3 , 2 2 : 5 6 | s y i P: \ 0 \ 0 6 9 3 0 8 7 \ C A D \ 0 1 \ B a n k S t a b i l i z a t i o n \ v 0 1 _ 5 0 _ P e r c e n t \ 0 6 9 3 0 8 7 0 1 _ S h t 8 _ 4 . 0 [ B a n k S t a b i l i z a t i o n P l a n ] . d w g CEDAR RIVER TRAIL RM 2.13 BANK STABILIZATION PROJECT RENTON, WASHINGTON WWW.GEOENGINEERS.COM NO.DATE BY ISSUE / DESCRIPTION PREPARED FOR:DRAWING NUMBER: SHEET: OF DESIGNED BY: DRAWN BY: APPROVED BY: DATE: REVISION NO.: 50 P E R C E N T D E S I G N - N O T F O R C O N S T R U C T I O N PRE L I M I N A R Y N GRAPHIC SCALE IN FEET 10 200 LEGEND EXISTING CONTOUR LINE - MAJOR (5-FOOT) EXISTING CONTOUR LINE - MINOR (1-FOOT) PROPOSED CONTOUR LINE - MAJOR (5-FOOT) PROPOSED CONTOUR LINE - MINOR (1-FOOT) AG E N D A I T E M # 5 . h ) EL E V A T I O N ( F E E T ) EL E V A T I O N ( F E E T ) STATION (FEET) 25 30 35 40 45 50 55 60 65 25 30 35 40 45 50 55 60 65 0+00 0+05 0+10 0+15 0+20 0+25 0+30 0+35 0+40 0+45 0+50 0+55 0+60 0+65 0+70 0+75 0+80 0+85 0+90 5 FT MIN. BETWEEN RESTORED TRAIL AND TOP OF SLOPE 3 FT MIN. BENCH FEMA REGULATORY ZONE AE FLOODPLAIN FEMA FLOODWAY EXTENT 2:1 BANK SLOPE TOE OF EXISTING BANK 8" TOPSOIL ABOVE ELEV. 40 FT BACKFILL WITH GRANULAR FILL IN 12 INCH LIFTS AND COMPACT TO 95% OF MMD PER ASTM D1557. TRACK WALK FACE BEFORE PLACING TOPSOIL. EXISTING GROUND SURFACE TOP OF EXISTING BANK 2.5:1 SLOPE (BELOW ELEV. 40 FT) APPROXIMATE BANK SURFACE PRIOR TO EROSION APPROXIMATE 100-YEAR WSE APPROXIMATE 2-YEAR WSE 1 FT THICK VEGETATED SOIL WRAPS FROM ELEV. 39 TO 48 FT. SEE DETAIL 1 DRAWING 5.1. EXCAVATE BANK AS NEEDED TO INSTALL PER DETAIL 1. BELOW ELEV. 40 FT BACKFILL WITH 1:1 MIX OF GRANULAR FILL 8 INCH STREAMBED COBBLES IN 12 INCH LIFTS AND COMPACT TO 92% OF MMD PER ASTM D1557. EL E V A T I O N ( F E E T ) EL E V A T I O N ( F E E T ) STATION (FEET) 25 30 35 40 45 50 55 60 65 25 30 35 40 45 50 55 60 65 0+00 0+05 0+10 0+15 0+20 0+25 0+30 0+35 0+40 0+45 0+50 0+55 0+60 0+65 0+70 0+75 0+80 5 FT MIN. BETWEEN RESTORED TRAIL AND TOP OF SLOPE 3 FT MIN. BENCH FEMA NON REGULATORY FLOODWAY ZONE FEMA FLOODWAY EXTENT FEMA REGULATORY ZONE AE FLOODPLAIN TOP OF EXISTING BANK APPROXIMATE 100-YEAR WSE APPROXIMATE 2-YEAR WSE 2:1 BANK SLOPE TOE OF EXISTING BANK 8" TOPSOIL ABOVE ELEV. 40 FT BACKFILL WITH GRANULAR FILL IN 12 INCH LIFTS AND COMPACT TO 95% OF MMD PER ASTM D1557. TRACK WALK FACE BEFORE PLACING TOPSOIL. EXISTING GROUND SURFACE 2.5:1 SLOPE (BELOW ELEV. 40 FT) APPROXIMATE BANK SURFACE PRIOR TO EROSION BELOW ELEV. 40 FT BACKFILL WITH 1:1 MIX OF GRANULAR FILL 8 INCH STREAMBED COBBLES IN 12 INCH LIFTS AND COMPACT TO 92% OF MMD PER ASTM D1557. 1 FT THICK VEGETATED SOIL WRAPS FROM ELEV. 39 TO 48 FT. SEE DETAIL 1 DRAWING 5.1. EXCAVATE BANK AS NEEDED TO INSTALL PER DETAIL 1. ECD/KTF GLS/SCY JOC ---- 06/20/23 4.1BANK STABILIZATION TYPICAL CROSS SECTION 119Pl o t t e d : 0 6 / 2 0 / 2 0 2 3 , 2 2 : 5 6 | s y i P: \ 0 \ 0 6 9 3 0 8 7 \ C A D \ 0 1 \ B a n k S t a b i l i z a t i o n \ v 0 1 _ 5 0 _ P e r c e n t \ 0 6 9 3 0 8 7 0 1 _ S h t 9 _ 4 . 1 [ B a n k S t a b i l i z a t i o n T y p i c a l C r o s s S e c t i o n ] . d w g CEDAR RIVER TRAIL RM 2.13 BANK STABILIZATION PROJECT RENTON, WASHINGTON WWW.GEOENGINEERS.COM NO.DATE BY ISSUE / DESCRIPTION PREPARED FOR:DRAWING NUMBER: SHEET: OF DESIGNED BY: DRAWN BY: APPROVED BY: DATE: REVISION NO.: 50 P E R C E N T D E S I G N - N O T F O R C O N S T R U C T I O N PRE L I M I N A R Y GRAPHIC SCALE IN FEET 0 5 10SCALE: A 4.1 BANK STABILIZATION TYPICAL CROSS SECTION A GRAPHIC SCALE IN FEET 0 5 10SCALE: B 4.1 BANK STABILIZATION TYPICAL CROSS SECTION B AG E N D A I T E M # 5 . h ) TOP TOP TOPTOP T O P T O P T O P T O E T O E T O E TOE TOE TOE TOE EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP EP O H W O H W O H W O H W OH W O H W OHW OH W OHW OHW OHW OHW OHW OHW 1+40 1+60 1+80 2+00 2+20 2+40 2+60 2+80 3+00 3+20 3+40 3+60 3+80 4+00 4+20 4+40 4+60 4+80 5+00 5+20 5+40 5+60 5+80 6+00 6+20 6+40 6+60 35 40 45 50 55 60 35 40 45 50 55 60 40 45 40 45 65 70 75 80 6 2 6 3 6 1 62 65 62 63 64 65 65 65 70 75 80 85 90 65 70 7 5 80 85 90 9 5 10 0 65 70 75 75 61 61 6 0 6 5 3 5 4 0 45 50 5 5 60 62 65 65 626364 61 61 62 62 64 64 64 6161 62 62 6364 65 62 62 6364 66 66 60 59 6162 63 61 62 35 40 45 50 55 60 O H W O H W O H W O H W O H W O H W O H W O H W O H W O H W OHW O H W OH W OHW OHW OHW OHW OHW OHW OHW OHW CEDAR RIVER TRAIL OHWOHW OHW O H W EPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEPEP EPEPEPEPEPEPEPEPEPEPEPEPEPEP EP EP EP EP EP EP EP EP EP EP EP EP EP INSTALL BIODEGRADABLE EROSION CONTROL BLANKET PER CITY OF RENTON STANDARD DETAIL PLANS 213.20 EXISTING OHW FEMA FLOODWAY CEDAR RI V E R BANK ZONE RIPARIAN ZONE SEE PLANTING SCHEDULE DRAWING 5.1 UPLAND ZONE UPLAND ZONE RESTORE ALL AREAS DURING CONSTRUCTION TO ORIGINAL CONDITION ]-[ ] - [ ] - [ ]-[ ]-[ ]-[ ]-[ ]-[ ]-[ ]-[ ]-[ ]-[]-[ ]-[ ]-[]-[ ]-[ ]-[]-[ ]-[ ]-[]-[ ]-[ ]-[]-[ ]-[ ]-[]-[ ]-[ ]-[ ]-[ ]-[ ] - [ UPLAND ZONE HYDROSEED IN ACCORDANCE WITH CITY OF RENTON SWDM DETAIL D.2.1.2.6 WITH SEED MIXES PER DRAWING 5.1 PROPOSED OHW (ELEV. 40 FT) CEDAR SPLIT RAIL FENCE. DRAW POSTS 4 FT OC, 2 FT MIN. FROM TRAIL EDGE OF PAVEMENT. DECOMPACT SOIL IN UPLAND ZONE TO 12" DEPTH PRIOR TO SEEDING.RESTORE ACP TRAIL (FULL WIDTH IN ANY DAMAGED AREAS). SAW CUT AT ENDS, FULL WIDTH PERPENDICULAR TO TRAIL AND DISPOSE. 8" MIN. CSBC, 4" MIN. CSTC, 4" MIN. HMA IN TWO LIFTS. COMPACT BASE COURSES TO 95% OF MMD PER ASTM D1557. FEMA REGULATORY ZONE AE FLOODPLAIN FEMA NON REGULATORY FLOODPLAIN FEMA REGULATORY ZONE AE FLOODPLAIN FEMA NON REGULATORY FLOODPLAIN Pl o t t e d : 0 6 / 2 0 / 2 0 2 3 , 2 2 : 5 7 | s y i P: \ 0 \ 0 6 9 3 0 8 7 \ C A D \ 0 1 \ B a n k S t a b i l i z a t i o n \ v 0 1 _ 5 0 _ P e r c e n t \ 0 6 9 3 0 8 7 0 1 _ S h t 1 0 _ 5 . 0 [ R e s t o r a t i o n P l a n ] . d w g CEDAR RIVER TRAIL RM 2.13 BANK STABILIZATION PROJECT RENTON, WASHINGTON WWW.GEOENGINEERS.COM NO.DATE BY ISSUE / DESCRIPTION PREPARED FOR:DRAWING NUMBER: SHEET: OF DESIGNED BY: DRAWN BY: APPROVED BY: DATE: REVISION NO.: 50 P E R C E N T D E S I G N - N O T F O R C O N S T R U C T I O N PRE L I M I N A R Y N GRAPHIC SCALE IN FEET 0 20 40 NOTES: 1.SHEETS ARE PROJECTED IN WASHINGTON STATE PLANE NORTH, US FEET, NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88) 2.EXISTING SURVEY COMPLETED BY GEOENGINEERS INC. AND SUPPLEMENTED BY KING COUNTY 2020 LIDAR LEGEND EXISTING CONTOUR LINE - MINOR (1-FOOT) EXISTING CONTOUR LINE - MAJOR (5-FOOT) 5.0RESTORATION PLAN 1110 ECD/KTF GLS/SCY JOC ---- 06/20/23 RIPARIAN ZONE (6,015 SQ. FT.) UPLAND ZONE (SEED MIX) (7,005 SQ. FT.) BANK ZONE (3,747 SQ. FT.) AG E N D A I T E M # 5 . h ) FLAT CUT ON TOP, DIAGONAL CUT ON BOTTOM. ADVANCE STAKE USING SOFT MALLET. ADD MULCH LAYER OVER FINISH GRADE. 3/4 LENGTH STAKE BELOW FINISH GRADE, 1/4 LENGTH ABOVE GRADE PRE-DRILL HOLE USING REBAR SECTIONS SMALLER THAN 0.5 - 1.5 INCH DIAMETER OF STAKE FINISH GRADE 2-3 FT STAKE TOTAL LENGTH 4-6 IN 0.5 - 1.5 INCH DIAMETER 3 IN DEEP MULCH RING. KEEP HYDROSEEDING OFF MULCH FINISH GRADE LOOSEN AND/OR CUT CIRCLING ROOTS IN ROOT BOUND CONTAINERS BEFORE PLANTING BREAK UP SIDES AND BOTTOMS OF PLANTING PIT TO ALLOW FOR ROOT PENETRATION COMPACT SUBGRADE BELOW ROOT BALL TO ENSURE THAT ROOT FLARE WILL NOT SETTLE BELOW GROUND LINE DEPTH OF 6 IN ROOTBALL 2X ROOT BALL WIDTH SCALE: 2 - LIVE STAKING (TYP) DETAIL NOT TO SCALE SCALE: 3 - SHRUB PLANTING (TYP) DETAIL NOT TO SCALE SCALE: 1 - VEGETATED SOIL WRAP NOT TO SCALE NOTES: DESIGN SPECIFICS: LIVE STAKES: ·MINIMUM LENGTH 3' WITH 1 2" MINIMUM DIAMETER. ·LIVE STAKES 2 INCHES OF SOIL AROUND ROOTING ZONES OF CUTTINGS. PLACE 2" THICK SOIL LAYER BETWEEN FABRICS FOR ADJACENT WRAPS. INNER FABRIC: ·NON-WOVEN COIR FABRIC. OUTER FABRIC: ·WOVEN COIR. 10°-15°*OUTER FABRIC *INNER FABRIC MIN. 6 FT. FABRIC EMBEDDED LENGTH MIN. 18"-24" LONG, TAPERED 2x4 WOOD STAKES AT MAX. 3' SPACING TO SECURE FABRIC PLACE SEED BENEATH EXPOSED PORTIONS OF FABRIC LIVE STAKES SEE SECTION FOR BANK CONSTRUCTION ABOVE AND LANDWARD OF WRAPS ECD/KTF GLS/SCY JOC ---- 06/20/23 5.1RESTORATION DETAILS 1111Pl o t t e d : 0 6 / 2 0 / 2 0 2 3 , 2 2 : 5 7 | s y i P: \ 0 \ 0 6 9 3 0 8 7 \ C A D \ 0 1 \ B a n k S t a b i l i z a t i o n \ v 0 1 _ 5 0 _ P e r c e n t \ 0 6 9 3 0 8 7 0 1 _ S h t 1 1 _ 5 . 1 [ R e s t o r a t i o n D e t a i l s ] . d w g CEDAR RIVER TRAIL RM 2.13 BANK STABILIZATION PROJECT RENTON, WASHINGTON WWW.GEOENGINEERS.COM NO.DATE BY ISSUE / DESCRIPTION PREPARED FOR:DRAWING NUMBER: SHEET: OF DESIGNED BY: DRAWN BY: APPROVED BY: DATE: REVISION NO.: 50 P E R C E N T D E S I G N - N O T F O R C O N S T R U C T I O N PRE L I M I N A R Y RESTORATION PLANT SCHEDULE SYMBOL BOTANICAL NAME/COMMON NAME QTY SIZE REMARKS RIPARIAN ZONE Bigleaf maple (Acer macrophyllum)5 GAL CONT.15 FT O.C. TS (TYP.) Western redcedar (Thuja plicata)5 GAL CONT.15 FT O.C. TS (TYP.) Vine maple (Acer circinatum)1 GAL CONT.6 FT O.C. TS (TYP.) Salmonberry (Rubus spectabilis)1 GAL CONT.6 FT O.C. TS (TYP.) Snowberry (Symphoricarpos albus)1 GAL CONT.6 FT O.C. TS (TYP.) Indian plum (Oemleria cerasiformis)1 GAL CONT.6 FT O.C. TS (TYP.) Sword fern (Polystichum munitum)1 GAL CONT.6 FT O.C. TS (TYP.) BANK ZONE Hooker’s willow (Salix hookeriana)LIVE STAKE 4 FT O.C. BETWEEN EACH VEGETATED SOIL WRAP Sitka willow (Salix sitchensis)LIVE STAKE 4 FT O.C. BETWEEN EACH VEGETATED SOIL WRAP Notes TS = Triangular Spacing SEED MIXES %SCIENTIFIC NAME QTY COMMON NAME BANK ZONE - 40 LB/ACRE 15%Carex obnupta SLOUGH SEDGE 25%Juncus ensifolius BULRUSH 5%Festuca rubra var. moleta MOLETA RED FESCUE 10%Scirpus micropcarpus SMALL FRUITED BULRUSH 15%Glyceria grandis REED MANNAGRASS 15%Agrostis exarata SPIKE BENTGRASS 15%Hordum branchantherum MEADOW BARLEY UPLAND ZONE - 120 LB/ACRE 45%Festuca arundinacea DWARF TALL FESCUE 30%Lolium perenne var. barclay DWARF PERENNIAL RYE 20%Festuca rubra RED FESCUE 5%Agrostis tenuis COLONIAL BENTGRASS 15%Glyceria grandis REED MANNAGRASS Notes: 1. Hydroseed per City of Renton SWDM Section D2.1.2.6 with above seed mixes (MIN 98% purity, 85% germination), slow release low phosphorus fertilizer, and wood fiber cellulose mulch and tackifer per City of Renton SWDM Section D 2.1.2.2 AG E N D A I T E M # 5 . h ) CITY OF RENTON, WASHINGTON RESOLUTION NO. 4400 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, PROCLAIMING AN EMERGENCY. WHEREAS, the City of Renton, State of Washington, empowers the Mayor to proclaim the existence or threatened existence of a local emergency in the City, when the City is affected or likely to be affected by a major emergency or natural disaster; and WHEREAS, Governor Jay Inslee proclaimed a state of emergency for many counties in Washington State, including King County, due a severe winter storm event which began impacting Washington State January 20, 2020, producing high winds, heavy snowfall, ice accumulation, and extreme rainfall resulting in major flooding,saturated soils, landslides, stream bank and slope erosion, fallen tree limbs, broken and uprooted trees, and flying debris; and WHEREAS, County Executive Dow Constantine proclaimed a state of emergency due to this same incident and resultant conditions in King County; and WHEREAS, the City of Renton has experienced significant impacts from this series of storms; staff from multiple departments were required to transition to emergency operations; and the potential still exists for significant impacts to life and property in the City; and WHEREAS, Mayor Armondo Pavone and the City Council are requested by the Community Services Administrator to proclaim the existence of a local emergency therein; and WHEREAS, on February 26, 2020, the Mayor proclaimed an emergency, attached hereto as Exhibit A. 1 AGENDA ITEM #5. h) RESOLUTION NO. 4400 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are adopted as findings. SECTION II. An emergency did exist at the time of the proclamation of emergency by Mayor Armondo Pavone. By these written recitals and findings, the City Council does hereby ratify and approve the Mayor's emergency proclamation, attached hereto as Exhibit A. PASSED BY THE CITY COUNCIL this 2nd day of March, 2020. Jas A. Seth ity Clerk APPROVED BY THE MAYOR this 2nd day of March. 2020 4&cL — Ao Pavone, Mayor Approved as to form: Shane Moloney, City Attorney SEAL = * = Date of Publication: 3/6/2020 (summary) c° " 6 ' SA IEDsec' RES:1837:2/26/2020 2 AGENDA ITEM #5. h) RESOLUTION NO. 4400 EXHIBIT A PROCLAMATION OF EMERGENCY 3 AGENDA ITEM #5. h) RESOLUTION NO. 4400 City of Renton Proclamation of Emergency WHEREAS, the City of Renton,State of Washington, empowers the Mayor to proclaim the existence or threatened existence of a local emergency in the City,when the City is affected or likely to be affected by a major emergency or natural disaster; and WHEREAS, Governor Jay Inslee proclaimed a state of emergency for many counties in Washington State, including King County, due a severe winter storm event which began impacting Washington State January 20, 2020, producing high winds, heavy snowfall, ice accumulation, and extreme rainfall resulting in major flooding, saturated soils, landslides, stream bank and slope erosion,fallen tree limbs, broken and uprooted trees, and flying debris; and WHEREAS, County Executive Dow Constantine proclaimed a state of emergency due to this same incident and resultant conditions in King County; and WHEREAS, the City of Renton has experienced significant impacts from this series of storms; staff from multiple departments were required to transition to emergency operations; and the potential exists for significant impacts to life and property in the city; and WHEREAS, Mayor Armondo Pavone and the City Council are requested by Community Services Administrator Kelly Beymer and Public Works Administrator Gregg Zimmerman, to proclaim the existence of a local emergency therein; and WHEREAS, the Mayor finds that conditions of peril to the safety of persons and property have arisen within the City, caused by heavy rainfall resulting in flooding, saturated soils, landslides, stream bank and slope erosion,fallen tree limbs, and damaged trees, and that the perils are anticipated to continue for an unknown number of days. NOW THEREFORE, I,Armondo Pavone, Mayor of the City of Renton, proclaim that an emergency exists in the City of Renton and proclaim as follows: 1. The above recitals are found to be true and correct in all respect. 2. The proclamations of emergency by the Governor and the County Executive are confirmed and adopted by the City. 3. It is hereby proclaimed that during the existence of said local emergency,the powers, functions, and duties necessary to stabilize and control said incident are hereby given to Gregg Zimmerman, Public Works Administrator, and Kelly Beymer, Community Services Administrator, and their successors, to address within their respective areas of responsibilities. Emergency Proclamation Page 1 of 2 AGENDA ITEM #5. h) RESOLUTION NO. 4400 4. Each City of Renton Department is authorized to exercise powers vested under this declaration/proclamation in light of the exigencies of an extreme emergency situation, including but not limited to seeking aid,staffing needs, accommodations and operations. 5. City Public Works and Community Services are authorized pursuant to the provisions of RCW 39.04.280 and Renton Policy and Procedure 250-02, paragraph 6.10,and authorize Gregg Zimmerman, Public Works Administrator, and Kelly Beymer, Community Services Administrator to waive competitive bidding requirements and award all necessary contracts on behalf of the City of Renton to address the emergency situation and those that may arise as a result of it. In emergency situations, RCW 39.04.280 requires that a written finding of the existence of an emergency be made and entered into the public record no later than two weeks following the award of the contract. 6. Provide appropriate emergency assistance to the victims of such disaster. 7. This local emergency shall be deemed to continue for a period of 90 days unless extended by the Mayor and City Council. Dated F ruary 26, 2020 uu urrrrrpg Ar Pavone, Mayor y of ReN 'to,,, City of Renton Tr Attest E. SEAL * y s Jason S th, City Clerk Emergency Proclamation Page 2 of 2 AGENDA ITEM #5. h) AB - 3968 City Council Regular Meeting - 17 Nov 2025 SUBJECT/TITLE: Talbot Hill Reservoir Park Sport Courts: Youth Athletic Facilities Grant Agreement Amendment RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Parks & Recreation Department STAFF CONTACT: Betsy Severtsen, Capital Projects Manager EXT.: #6611 FISCAL IMPACT SUMMARY: The Youth Athletic Facilities grant amendment administered by the State Recreation and Conservation Funding Board (RCFB) and the Recreation and Conservation Office (RCO) will generate $52,497 in revenue for the 316.332082.020.594.76.63.000 TALBOT HILL RESERVOIR PARK IMPROVEMENTS budget. SUMMARY OF ACTION: On September 11, 2023, City Council authorized the Mayor and the City Clerk to execute the RCO Youth Athletic Facilities (YAF) Grant Agreement (CAG-23-361) in the amount of $350,000 with the State of Washington for the Talbot Hill Reservoir Park Sport Courts project. The City requested and was granted a cost increase due to inflation of $52,497 during RCO's Funding Board Meeting on October 28, 2025. This amendment reflects this cost increase to be applied to the project budget. The Talbot Hill Reservoir Park Improvements project construction is complete and the park is open as of August 2025. EXHIBITS: A. RCO Grant Agreement Amendment B. Park Improvement Photos STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to amend the Youth Athletic Facilities grant agreement with RCO for an additional amount of $52,497 for the Talbot Hill Reservoir Park Sport Courts project. AGENDA ITEM #5. i) Amendment to Grant Agreement City of Renton 22-1696D Talbot Hill Reservoir Park Sport Courts Project Sponsor:Project Number: Project Title:Amendment Number:2 Amendment Type: Cost Change Pursuant to a request from the Sponsor for a cost increase, and with the availability of Youth Athletic Facilities funds, the grant award is increased by $52,497 for a total of $402,497 (RCFB Resolution 2025-22). The Sponsor match is increased by $62,051, maintaining the current grant to match ratio. Amendment Description: Project Funding: The total cost of the project for the purpose of this Agreement changes as follows : New AmountOld Amount Amount %%Amount RCO - YAF-LARGE $350,000.00 $402,497.00 45.83% 45.83% Project Sponsor $413,732.00 54.17%$475,783.00 54.17% Total Project Cost $763,732.00 100%$878,280.00 100% Admin Limit A&E Limit $0.00 0.00%$0.00 0.00% $127,288.00 20.00%$127,288.00 16.95% Agreement Terms In all other respects the Agreement , to which this is an Amendment , and attachments thereto, shall remain in full force and effect . In witness whereof the parties hereto have executed this Amendment . Megan Duffy State of Washington Recreation and Conservation Office City of Renton BY:BY: AGENCY: TITLE: DATE: TITLE: DATE: Director Pre-approved as to form: BY: /S/ Assistant Attorney General AMENAGR1.RPT State Building Construction Account RCW 79A.25, WAC 286 YAF Project Cost Change Amendment FOR AGENDA ITEM #5. i) Amendment Agreement Description Amendment Number:Project Title: Project Sponsor: Agreement Description Project Number:Renton City of Talbot Hill Reservoir Park Sport Courts 22-1696 D 2 The City of Renton will use this grant to renovate the sports courts in Talbot Hill Reservoir Park . The city will resurface the three existing tennis courts and the three existing pickleball courts. In addition, the city will add pickleball striping to the three existing tennis courts, creating six new pickleball courts. The improvements include a covered seating area, water fountain, bike rack, benches, garbage containers, and paddle holders. In addition, the city will renovate the parking lot, and regrade the path and replace the pedestrian bridge located next to the courts. The primary recreation opportunities provided by this project are pickleball and tennis. November 6, 2025AAGREEDSC.RPT Page 1 AGENDA ITEM #5. i) Amendment Eligible Scope Activities 22-1696 Talbot Hill Reservoir Park Sport Courts Development City of Renton Project Number: Project Type: Amendment #: Project Sponsor: Project Title: Program:YAF - Large 2 Development Metrics Worksite #1, Tennis and Pickleball Courts General Site Improvements Develop circulation paths or access routes Enter length of circulation paths and routes by surface type: 10 Asphalt 20 Boardwalk Replace existing wood pedestrian bridge. Regrade asphalt pathway on either side of bridge to meet ADA guidelines. NoLighting provided (yes/no): Install site furnishings Benches, Bike racks, Drinking fountains, Other, Picnic tables, Recycling/Trash receptacles Select the site furniture / amenities : Parking and Roads Parking development 0 new, 14 renovatedNumber of vehicle parking stalls: 0 new, 0 renovatedNumber of vehicle with trailer parking stalls: Number of accessible parking stalls: 1 Vehicle AsphaltSelect the parking surfaces : Curbs, Seal coating, StripingSelect the parking enhancements: Site Preparation General site preparation In addition to items selected below, this line item includes leveling of the court playing surface. Sport Courts Pickleball development 6 new, 3 renovatedNumber of pickleball courts: 0 new, 0 renovatedNumber of pickleball courts with lighting: Lighting not proposed because of the difficulty of running electrical given the site limitations. Surface types for pickleball courts: 9 Impervious Add/upgrade court amenities, Replace surface Select the pickleball court renovation elements: Tennis court development 0 new, 3 renovatedNumber of tennis courts: 0 new, 0 renovatedNumber of tennis courts with lighting: Surface types for tennis courts : 3 Impervious Add/upgrade court amenities, Replace surface Select the tennis court renovation elements: Permits AELIGREIM.RPT 1Page: November 6, 2025 AGENDA ITEM #5. i) Amendment Eligible Scope Activities Obtain permits A civil construction and stormwater permit will be required for the planned improvements. Architectural & Engineering Architectural & Engineering (A&E) AELIGREIM.RPT 2Page: November 6, 2025 AGENDA ITEM #5. i) Talbot Hill Reservoir Park Improvement Photos Dual Sports Courts AGENDA ITEM #5. i) Pickleball Courts with Barrier Net Practice Wall AGENDA ITEM #5. i) Shade Shelter Parking Lot with ADA Stall AGENDA ITEM #5. i) AB - 3963 City Council Regular Meeting - 17 Nov 2025 SUBJECT/TITLE: CAG-24-313 Amendment #1, Janitorial Services by CCS Facility Services RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Facilities Division STAFF CONTACT: Jeff Minisci , Facilities Director EXT.: 425-430-6643 FISCAL IMPACT SUMMARY: The Professional Services Agreement with CCS Facility Services Amendment No. 1 extends the term of service by one year and increases the compensation amount an additional $9,811.56, for a total annual compensation of $402,270.12, with monthly disbursements totaling $33,522.21. effective December 1, 2025, to November 30, 2026. Amendment No. 1 will bring the full 2-year contract total to $794,728.68. Funding for these services are to be sourced from the 504 Professional Service Account GL 504.000000.015.518.21.43.000 for balance of fiscal year 2025, and until November 30,2026. SUMMARY OF ACTION: CCS Facility Services provides janitorial services across 21 park outdoor restroom locations in the City of Renton. This professional cleaning company will deliver year-round cleaning services for outdoor restrooms, seven days a week helping to maintain higher cleanliness standards. This contract also eliminated the difficulty in finding enough limited term employees to take on this workload, leading to poor quality of service at all our public facilities as this workload was temporarily added to our existing custodial teams work while unsuccessfully searching for limited term employees. The scope of work focuses exclusively on park restroom cleaning, while any maintenance or repair needs are reported to Public Works/Facilities staff for appropriate action. This service enhancement ensures that park restrooms are open and maintained year-round, benefiting the community with consistently clean facilities. This contract is to start December 1, 2025, and be completed on November 30, 2026. EXHIBITS: A. Professional Service Agreement Amendment #1 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute Amendment No. 1 to CAG-24-313 with CCS Facility Services for janitorial services at city park restrooms in the amount of $402,270.12 for the period of December 1, 2025, to November 30,2026. AGENDA ITEM #5. j) AMENDMENT NO. 1 TO AGREEMENT FOR CAG-24-313 THIS AMENDMENT, dated for reference purposes only as Month XX, XXXX, is by and between the City of Renton (the “City”), a Washington municipal corporation, and CCS Facility Services – Washington Inc.(“Consultant”). The City and the Consultant are referred to collectively in this Amendment as the “Parties.” Once fully executed by the Parties, this Amendment is effective as of the last date signed by both parties. Whereas, the City engaged the services of the Consultant under Agreement CAG-24-313, dated December 2nd, 2024, to provide necessary services for the Cleaning of City owned park restrooms. (referred to herein as the “Agreement”); Whereas, the Parties wish to amend the Agreement to extend the term of service by one year and increasing the compensation amount an additional $402,270.12 in order to Maintain cleaning the park restrooms through 2026. NOW THEREFORE, It is mutually agreed upon that CAG-24-313 is amended as follows: 1. Scope of Work: Section 1, Scope of Work, Will remain unchanged. 2. Time of Performance: Section 3, Time of Performance, is amended pursuant to the schedule(s) set forth in Exhibit A-1. All Work shall be performed by no later than December 2nd, 2026 . 3. Compensation: Section 4, Compensation, is amended so that the maximum amount of compensation payable to Consultant is increased by $402,270.12 from $392,458.56 to $794,728.68, plus any applicable state and local sales taxes. The additional compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A-1 which is attached. 4. All terms of the Agreement not explicitly modified herein shall remain in full force and effect and such terms shall apply to Work performed according to this Amendment as if fully set forth herein. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Amendment as of the date last signed by the Parties below. CITY OF RENTON CONSULTANT AGENDA ITEM #5. j) PAGE 2 OF 2 By:_____________________________ By:____________________________ Armondo Pavone City of Renton Mayor Cameron Hall Regional Vice President _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Chery Beyer City Attorney Contract Template Updated 06/17/2021 10.24.2025 AGENDA ITEM #5. j) Attachment A-1 AGENDA ITEM #5. j) Project # Name  Adress 2025 Pricing  2026 Pricing  94118-01 Cedar River Boathouse,  1060 Nishiwaki LN, Renton WA. 98057  $ 1,557.38 $ 1,596.31 94118-02 Cedar River Trails Park,  600 Nishiwaki LN, Renton WA. 98057 $ 1,557.38 $ 1,596.31 94118-03 Cedar River Park Ballfield Restrooms 1703 Maple Valley HWY, Renton WA. 98057 $ 1,557.38 $ 1,596.31 94118-04 Heritage Park,  233 Union AVE NE., Renton WA. 98059 $ 1,557.38 $ 1,596.31 94118-05 Highlands Neighborhood Center 800 Edmonds AVE NE., Renton WA. 98056 $ 1,557.38 $ 1,596.31 94118-06 Jones Park,  98 Wells AVE S., Renton WA. 98057 $ 1,557.38 $ 1,596.31 94118-07 Kennydale Lions Park 2428 Aberdeen AVE NE., Renton WA. 98056 $ 1,557.38 $ 1,596.31 94118-08 Kiwanis Park (Portland Loo),  815 Union AVE NE., Renton WA. 98059 $ 1,557.38 $ 1,596.31 94118-09 Liberty Park Grandstands,  1414 Houser Way N., Renton WA. 98057 $ 1,557.38 $ 1,596.31 94118-10 Liberty Park Riverside Restrooms,  1414 Houser Way N., Renton WA. 98057 $ 1,557.38 $ 1,596.31 94118-11 Phillip Arnold Park (Portland Loo),  720 Jones AVE S., Renton WA. 98057 $ 1,557.38 $ 1,596.31 94118-12 Riverview Park 3201 Maple Valley HWY, Renton WA. 98058 $ 1,557.38 $ 1,596.31 94118-13 Sunset Neighborhood Park, 2801 NE. 10th ST. Renton WA. 98056 $ 1,557.38 $ 1,596.31 94118-14 Talbot Hill Reservoir,  701 S. 19th ST, Renton WA. 98055 $ 1,557.38 $ 1,596.31 94118-15 Thomas Teasdale Park,  601 S. 23rd ST, Renton WA. 98055 $ 1,557.38 $ 1,596.31 94118-16 Tiffany Park,  1902 Lake Youngs Way NE, Renton WA. 98058 $ 1,557.38 $ 1,596.31 94118-17 Gene Coulon Park Outside Beach Restrooms 1201 Lake Washington BLVD, Renton WA. 98056 $ 1,557.38 $ 1,596.31 94118-18 Gene Coulon Park Kid Valley Restaurant Restrooms 1201 Lake Washington BLVD, Renton WA. 98056 $ 1,557.38 $ 1,596.31 94118-19 Gene Coulon Park North End Restrooms 1201 Lake Washington BLVD, Renton WA. 98056 $ 1,557.38 $ 1,596.31 94118-20 Gene Coulon Park South End Restrooms 1201 Lake Washington BLVD, Renton WA. 98056 $ 1,557.38 $ 1,596.31 94118-21 Kennydale Beach Park,  3601 Lake Washington BLVD, Renton WA. 98056 $ 1,557.38 $ 1,596.31 Monthly Cost $ 32,704.98 $ 33,522.51 Yearly Cost $ 392,459.76 $ 402,270.12 AGENDA ITEM #5. j) AB - 3969 City Council Regular Meeting - 17 Nov 2025 SUBJECT/TITLE: Maplewood Sidewalk Rehabilitation project, Construction Contract CAG-25-290 RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Transportation Systems Division STAFF CONTACT: Bob Hanson, Transportation Design Manager EXT.: 7223 FISCAL IMPACT SUMMARY: The bid submitted by Active Construction, Inc. (ACI) in the amount of $732,732.00 has been determined to be the lowest responsive and responsible bid per RCW 39.04.350(1) and Special Provision 1-02.13. The bid of Active Construction is under the Engineer’s Estimate and within the project budget. SUMMARY OF ACTION: The Engineer’s Estimate for the Maplewood Sidewalk Rehabilitation project construction contract was $1,180,231.00. The bid submitted by ACI in the amount of $732,732.00 was below the Engineer’s Estimate by $447,499.00. Bids were received on Tuesday, October 14, 2025, and opened on October 17, 2025. A total of fifteen (15) bids were submitted and are summarized below: BIDDERS TOTAL BID AMOUNT Active Construction, Inc. $732,732.00 Apcon Tech, Inc. $909,733.00 Earthworks Solutions, LLC $788,484.47 Fury Site Works, Inc. $754,020.13 Hoffman Construction, Inc. $817,192.25 Kamins Construction $852,726.09 Kar-Vel Construction $1,120,731.50 Gary Merlino Construction Company $1,062,130.50 Northwest Cascade, Inc. $937,662.00 OMA Construction, Inc. $988,081.00 Reed Trucking & Excavating, Inc. $825,000.00 RRJ Company, LLC $895,912.41 Sascon, LLC $899,988.00 SLE, Inc. $1,315,341.00 Westwater Construction Co $1,138,759.00 ENGINEER’S ESTIMATE $1,180,231.00 After analysis of the bids, it was determined that the bid is a fair representation of the cost of the work associated with this project. AGENDA ITEM #5. k) The total budget amount to date for the Maplewood Sidewalk Rehabilitation Projectis $1,464,923.37 including 2024 and 2025 expenditures (317.122803.015.595.11.63.000). The anticipated expenditures for the Construction Phase of the project include $850,000.00 for construction contract, $300,000.00 for construction management, and $40,000.00 for engineering support during construction. The total anticipated expenditure for the construction phase is $1,200,000.00. The remaining project budget is approximately $250,000.00. Since there is sufficient funding to award the construction contract, we are requesting the Council award the construction contract to Active Construction, Inc. in the amount of $732,732.00. The Maplewood Sidewalk Rehabilitation Project will complete the curb and sidewalk replacement and pavement overlay, relocate a storm water line, and add a raised intersection at SE 5th and SE 6th streets with bulb out corners in the Maplewood Glen neighborhood. EXHIBITS: A. Bid Tabulations STAFF RECOMMENDATION: Requesting the City Council award the construction contract to Active Construction, Inc. in the amount of $732,732.00. AGENDA ITEM #5. k) BID TABULATIONS PROJECT: MAPLEWOOD SIDEWALK REHABILITATION BID DATE: 10/14/2025 BID OPENING: 10/17/2025 ITE M ITEM DESCRIPTION SPEC. SECTI UNI T QUANTI TY UNIT PRICE*AMOUNT UNIT PRICE*AMOUNT UNIT PRICE*AMOUNT UNIT PRICE*AMOUNT UNIT PRICE*AMOUNT UNIT PRICE*AMOUNT UNIT PRICE*AMOUNT UNIT PRICE*AMOUNT UNIT PRICE*AMOUNT UNIT PRICE*AMOUNT UNIT PRICE*AMOUNT UNIT PRICE*AMOUNT UNIT PRICE*AMOUNT UNIT PRICE*AMOUNT UNIT PRICE*AMOUNT UNIT PRICE*AMOUNT AVERAGE UNIT PRICE 1 Roadway Surveying 1-05 LS 1 15,000.00 15,000.00 11,500.00 11,500.00 16,000.00 16,000.00 13,817.25 13,817.25 10,661.06 10,661.06 12,050.00 12,050.00 5,000.00 5,000.00 25,000.00 25,000.00 9,000.00 9,000.00 11,550.00 11,550.00 8,000.00 8,000.00 15,000.00 15,000.00 14,716.64 14,716.64 10,000.00 10,000.00 11,550.00 11,550.00 12,500.00 12,500.00 11,646.56 2 ADA Features Surveying 1-05 LS 1 5,000.00 5,000.00 2,700.00 2,700.00 3,500.00 3,500.00 4,025.00 4,025.00 2,787.20 2,787.20 1,200.00 1,200.00 2,625.00 2,625.00 3,000.00 3,000.00 1,500.00 1,500.00 2,750.00 2,750.00 2,000.00 2,000.00 3,000.00 3,000.00 2,853.91 2,853.91 3,300.00 3,300.00 2,750.00 2,750.00 1,000.00 1,000.00 2,436.94 3 Record Drawings 1-05SP LS 1 15,000.00 15,000.00 2,200.00 2,200.00 2,000.00 2,000.00 1,897.50 1,897.50 580.67 580.67 15,000.00 15,000.00 15,000.00 15,000.00 15,000.00 15,000.00 15,000.00 15,000.00 1,000.00 1,000.00 500.00 500.00 2,000.00 2,000.00 18,372.84 18,372.84 2,000.00 2,000.00 2,000.00 2,000.00 1,000.00 1,000.00 5,846.94 4 SPCC Plan 1-07.15 LS 1 2,500.00 2,500.00 500.00 500.00 1,000.00 1,000.00 747.50 747.50 290.33 290.33 1,000.00 1,000.00 1,000.00 1,000.00 2,500.00 2,500.00 1,000.00 1,000.00 500.00 500.00 500.00 500.00 500.00 500.00 400.00 400.00 500.00 500.00 1,500.00 1,500.00 1,000.00 1,000.00 808.61 5 Mobilization 1-09 LS 1 ######### 150,000.00 60,011.55 60,011.55 60,000.00 60,000.00 73,350.00 73,350.00 30,283.93 30,283.93 32,900.00 32,900.00 59,514.00 59,514.00 ######### 200,000.00 ######### 100,000.00 93,000.00 93,000.00 75,000.00 75,000.00 75,000.00 75,000.00 44,571.09 44,571.09 89,000.50 89,000.50 ######### 180,000.00 ######### 100,000.00 79,539.44 6 Roadside Cleanup 2-01 FA 1 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 23,437.50 7 Pedestrian Traffic Control 1-10 LS 1 10,000.00 10,000.00 7,500.00 7,500.00 4,000.00 4,000.00 1,150.00 1,150.00 3,191.47 3,191.47 27,300.00 27,300.00 2,625.00 2,625.00 50,000.00 50,000.00 4,000.00 4,000.00 1,000.00 1,000.00 ######### 140,000.00 20,000.00 20,000.00 1,178.88 1,178.88 12,000.00 12,000.00 11,250.00 11,250.00 2,000.00 2,000.00 17,949.71 8 Flaggers 1-10 HR 10 80.00 800.00 91.00 910.00 110.00 1,100.00 71.30 713.00 79.79 797.90 203.00 2,030.00 1.00 10.00 60.00 600.00 75.00 750.00 100.00 1,000.00 88.00 880.00 80.00 800.00 73.68 736.80 75.00 750.00 105.00 1,050.00 100.00 1,000.00 82.05 9 Other Traffic Control Labor 1-10 HR 100 80.00 8,000.00 83.00 8,300.00 110.00 11,000.00 90.85 9,085.00 79.79 7,979.00 203.00 20,300.00 1.00 100.00 75.00 7,500.00 85.00 8,500.00 127.00 12,700.00 88.00 8,800.00 90.00 9,000.00 73.68 7,368.00 80.00 8,000.00 110.00 11,000.00 100.00 10,000.00 87.27 10 Construction Signs Class A 1-10SP SF 1,000 25.00 25,000.00 14.00 14,000.00 5.00 5,000.00 2.30 2,300.00 9.29 9,290.00 5.00 5,000.00 5.25 5,250.00 0.50 500.00 30.00 30,000.00 27.00 27,000.00 2.00 2,000.00 15.00 15,000.00 6.74 6,740.00 12.00 12,000.00 4.00 4,000.00 1.00 1,000.00 8.69 11 Other Temporary Traffic Control Devices 1-10 LS 1 8,000.00 8,000.00 4,500.00 4,500.00 6,000.00 6,000.00 1,150.00 1,150.00 2,903.34 2,903.34 20,000.00 20,000.00 54,600.00 54,600.00 50,000.00 50,000.00 1,000.00 1,000.00 2,550.00 2,550.00 5,000.00 5,000.00 15,000.00 15,000.00 4,530.46 4,530.46 7,500.00 7,500.00 1,500.00 1,500.00 10,000.00 10,000.00 11,639.61 12 Clearing and Grubbing 2-01 SF 10,145 3.00 30,435.00 0.60 6,087.00 1.60 16,232.00 4.83 49,000.35 1.03 10,449.35 1.15 11,666.75 1.45 14,710.25 0.50 5,072.50 1.50 15,217.50 1.00 10,145.00 3.00 30,435.00 3.00 30,435.00 1.48 15,014.60 1.50 15,217.50 1.00 10,145.00 5.00 50,725.00 1.79 13 Native Growth Protection Fence 2-01 LF 115 5.00 575.00 10.50 1,207.50 6.00 690.00 52.90 6,083.50 5.81 668.15 6.00 690.00 5.25 603.75 30.00 3,450.00 15.00 1,725.00 9.00 1,035.00 4.00 460.00 5.00 575.00 7.95 914.25 12.00 1,380.00 13.00 1,495.00 10.00 1,150.00 12.03 14 Removal of Structures and Obstructions 2-02 LS 1 10,000.00 10,000.00 3,600.00 3,600.00 15,000.00 15,000.00 3,956.00 3,956.00 11,794.39 11,794.39 8,850.00 8,850.00 3,796.80 3,796.80 20,000.00 20,000.00 5,000.00 5,000.00 95,500.00 95,500.00 5,000.00 5,000.00 10,984.00 10,984.00 13,147.81 13,147.81 34,500.00 34,500.00 20,000.00 20,000.00 10,000.00 10,000.00 16,320.56 15 Removing Portions of Existing Concrete 2-02 SY 279 40.00 11,160.00 24.50 6,835.50 27.00 7,533.00 14.52 4,051.08 24.34 6,790.86 11.50 3,208.50 30.66 8,554.14 10.00 2,790.00 45.00 12,555.00 19.00 5,301.00 80.00 22,320.00 20.00 5,580.00 31.02 8,654.58 54.00 15,066.00 43.00 11,997.00 75.00 20,925.00 31.85 16 Removal of Pavement, Sidewalks, Curbs and Gutters 2-02 SY 4,408 40.00 176,320.00 12.00 52,896.00 27.00 119,016.00 6.43 28,343.44 18.29 80,622.32 11.50 50,692.00 20.86 91,950.88 6.00 26,448.00 22.00 96,976.00 12.25 53,998.00 12.00 52,896.00 12.00 52,896.00 19.51 86,000.08 15.00 66,120.00 53.00 233,624.00 40.00 176,320.00 17.99 17 Pothole existing utilities 2-03SP EA 10 1,500.00 15,000.00 670.00 6,700.00 600.00 6,000.00 1,265.00 12,650.00 560.69 5,606.90 1,050.00 10,500.00 474.60 4,746.00 200.00 2,000.00 1,000.00 10,000.00 860.00 8,600.00 1,000.00 10,000.00 300.00 3,000.00 640.77 6,407.70 1,200.00 12,000.00 500.00 5,000.00 500.00 5,000.00 676.32 18 Roadway Excavation incl. Haul 2-03 CY 333 75.00 24,975.00 41.00 13,653.00 90.00 29,970.00 43.55 14,502.15 54.34 18,095.22 92.00 30,636.00 65.25 21,728.25 65.00 21,645.00 135.00 44,955.00 67.00 22,311.00 50.00 16,650.00 60.00 19,980.00 188.91 62,907.03 67.00 22,311.00 83.00 27,639.00 200.00 66,600.00 81.38 19 Crushed Surfacing Top Course (Recycled Concrete)4-04 TON 1,552 75.00 116,400.00 39.00 60,528.00 60.00 93,120.00 37.06 57,517.12 42.65 66,192.80 54.00 83,808.00 41.63 64,609.76 20.00 31,040.00 85.00 131,920.00 25.25 39,188.00 80.00 124,160.00 50.00 77,600.00 53.36 82,814.72 49.00 76,048.00 82.00 127,264.00 75.00 116,400.00 49.62 20 HMA CL 1/2” , PG 64-22"5-04SP TON 683 165.00 112,695.00 150.00 102,450.00 153.00 104,499.00 162.36 110,891.88 142.26 97,163.58 147.00 100,401.00 135.57 92,594.31 150.00 102,450.00 140.00 95,620.00 155.00 105,865.00 180.00 122,940.00 135.00 92,205.00 156.78 107,080.74 150.00 102,450.00 171.00 116,793.00 155.00 105,865.00 142.69 21 Ductile Iron Pipe, 12 In. Diam. 7-04SP LF 25 250.00 6,250.00 134.00 3,350.00 100.00 2,500.00 157.23 3,930.75 213.90 5,347.50 175.00 4,375.00 185.56 4,639.00 180.00 4,500.00 200.00 5,000.00 155.00 3,875.00 110.00 2,750.00 200.00 5,000.00 134.27 3,356.75 120.00 3,000.00 164.00 4,100.00 250.00 6,250.00 154.94 22 Corrugated Polyethylene Storm Sewer Pipe 12 In. Diam.7-05 LF 409 200.00 81,800.00 54.00 22,086.00 90.00 36,810.00 61.12 24,998.08 125.91 51,497.19 55.00 22,495.00 111.26 45,505.34 120.00 49,080.00 120.00 49,080.00 79.00 32,311.00 95.00 38,855.00 135.00 55,215.00 81.34 33,268.06 105.00 42,945.00 99.00 40,491.00 150.00 61,350.00 92.60 23 Catch Basin Type 1 7-05 EA 9 1,500.00 13,500.00 1,321.50 11,893.50 2,500.00 22,500.00 1,305.25 11,747.25 4,033.08 36,297.72 2,100.00 18,900.00 2,052.17 18,469.53 5,000.00 45,000.00 3,000.00 27,000.00 2,150.00 19,350.00 1,500.00 13,500.00 2,000.00 18,000.00 1,546.83 13,921.47 1,800.00 16,200.00 2,954.00 26,586.00 2,000.00 18,000.00 2,203.93 24 Saddle Storm Manhole 48" 7-05 EA 1 5,000.00 5,000.00 11,750.00 11,750.00 6,500.00 6,500.00 4,003.15 4,003.15 9,579.29 9,579.29 5,200.00 5,200.00 7,458.15 7,458.15 12,000.00 12,000.00 13,000.00 13,000.00 6,900.00 6,900.00 7,500.00 7,500.00 7,500.00 7,500.00 15,447.46 15,447.46 5,500.00 5,500.00 7,000.00 7,000.00 20,000.00 20,000.00 8,708.63 25 Open Grate Locking Lid 7-05SP EA 1 500.00 500.00 1,732.00 1,732.00 800.00 800.00 363.40 363.40 435.50 435.50 400.00 400.00 908.25 908.25 900.00 900.00 400.00 400.00 950.00 950.00 1,000.00 1,000.00 650.00 650.00 923.01 923.01 780.00 780.00 2,400.00 2,400.00 1,500.00 1,500.00 883.89 26 Thru-curb Inlet 7-05SP EA 7 750.00 5,250.00 1,006.00 7,042.00 2,200.00 15,400.00 1,055.70 7,389.90 600.47 4,203.29 1,950.00 13,650.00 846.30 5,924.10 900.00 6,300.00 600.00 4,200.00 1,850.00 12,950.00 1,000.00 7,000.00 850.00 5,950.00 1,079.36 7,555.52 1,200.00 8,400.00 3,132.00 21,924.00 1,500.00 10,500.00 1,235.61 27 Adjusted Catch Basin Lid 7-05SP EA 3 800.00 2,400.00 943.00 2,829.00 800.00 2,400.00 1,322.50 3,967.50 747.58 2,242.74 1,250.00 3,750.00 630.00 1,890.00 400.00 1,200.00 500.00 1,500.00 950.00 2,850.00 2,000.00 6,000.00 250.00 750.00 429.89 1,289.67 340.00 1,020.00 1,600.00 4,800.00 1,000.00 3,000.00 822.69 28 Adjust Manhole Lid 7-05 EA 5 800.00 4,000.00 801.00 4,005.00 800.00 4,000.00 672.75 3,363.75 805.46 4,027.30 1,950.00 9,750.00 1,050.00 5,250.00 1,100.00 5,500.00 800.00 4,000.00 950.00 4,750.00 500.00 2,500.00 500.00 2,500.00 1,025.22 5,126.10 300.00 1,500.00 1,300.00 6,500.00 2,500.00 12,500.00 940.90 29 Adjust Water Valve Box 7-05SP EA 1 500.00 500.00 642.00 642.00 1,500.00 1,500.00 1,150.00 1,150.00 560.69 560.69 700.00 700.00 787.50 787.50 400.00 400.00 300.00 300.00 950.00 950.00 500.00 500.00 500.00 500.00 824.69 824.69 350.00 350.00 305.00 305.00 500.00 500.00 623.12 30 Adjust Utility Lid 7-05SP EA 20 500.00 10,000.00 368.00 7,360.00 1,000.00 20,000.00 603.75 12,075.00 397.06 7,941.20 165.00 3,300.00 682.50 13,650.00 150.00 3,000.00 200.00 4,000.00 950.00 19,000.00 450.00 9,000.00 250.00 5,000.00 328.44 6,568.80 450.00 9,000.00 450.00 9,000.00 500.00 10,000.00 434.05 31 Hydrant Assembly 7.14.5 EA 1 8,000.00 8,000.00 7,500.00 7,500.00 12,000.00 12,000.00 15,641.15 15,641.15 14,980.57 14,980.57 17,500.00 17,500.00 16,497.60 16,497.60 26,000.00 26,000.00 18,000.00 18,000.00 17,250.00 17,250.00 17,500.00 17,500.00 14,000.00 14,000.00 19,155.01 19,155.01 20,000.00 20,000.00 20,450.00 20,450.00 15,000.00 15,000.00 15,717.15 32 Remove Hydrant and Salvage 2-02.3(7)EA 1 1,000.00 1,000.00 538.00 538.00 3,200.00 3,200.00 1,351.25 1,351.25 2,159.43 2,159.43 2,200.00 2,200.00 2,160.90 2,160.90 2,000.00 2,000.00 2,000.00 2,000.00 1,250.00 1,250.00 3,500.00 3,500.00 1,000.00 1,000.00 1,426.84 1,426.84 1,300.00 1,300.00 1,200.00 1,200.00 1,000.00 1,000.00 1,642.90 33 Erosion Control and Water Pollution Prevention 8-01 LS 1 7,500.00 7,500.00 2,257.00 2,257.00 4,500.00 4,500.00 1,725.00 1,725.00 2,242.75 2,242.75 8,050.00 8,050.00 2,625.00 2,625.00 65,000.00 65,000.00 6,500.00 6,500.00 32,000.00 32,000.00 5,000.00 5,000.00 5,000.00 5,000.00 43,097.54 43,097.54 15,000.00 15,000.00 1,500.00 1,500.00 5,000.00 5,000.00 12,468.58 34 Inlet Protection 8-01 EA 10 145.00 1,450.00 87.00 870.00 90.00 900.00 460.00 4,600.00 53.28 532.80 110.00 1,100.00 84.00 840.00 50.00 500.00 150.00 1,500.00 85.00 850.00 80.00 800.00 75.00 750.00 74.77 747.70 80.00 800.00 120.00 1,200.00 100.00 1,000.00 106.19 35 Seeded Lawn Installation 8-02 SY 1,333 6.00 7,998.00 2.15 2,865.95 7.00 9,331.00 5.75 7,664.75 2.32 3,092.56 8.50 11,330.50 2.63 3,505.79 2.00 2,666.00 9.00 11,997.00 0.50 666.50 2.00 2,666.00 5.00 6,665.00 4.59 6,118.47 2.00 2,666.00 6.00 7,998.00 3.00 3,999.00 3.90 36 Topsoil, Type A (2" Depth)8-02SP CY 310 50.00 15,500.00 65.00 20,150.00 75.00 23,250.00 80.12 24,837.20 69.68 21,600.80 90.00 27,900.00 65.10 20,181.00 35.00 10,850.00 80.00 24,800.00 56.50 17,515.00 80.00 24,800.00 75.00 23,250.00 96.48 29,908.80 70.00 21,700.00 83.00 25,730.00 60.00 18,600.00 67.56 37 Cement Conc. Traffic Curb and Gutter 8-04 LF 1,731 43.00 74,433.00 37.00 64,047.00 38.00 65,778.00 50.83 87,986.73 36.84 63,770.04 34.50 59,719.50 44.39 76,839.09 50.00 86,550.00 45.00 77,895.00 38.50 66,643.50 39.00 67,509.00 30.00 51,930.00 32.32 55,945.92 41.00 70,971.00 61.00 105,591.00 40.00 69,240.00 38.65 38 Cement Conc. Driveway Entrance 6"8-06SP SY 603 150.00 90,450.00 108.00 65,124.00 108.00 65,124.00 96.60 58,249.80 87.86 52,979.58 99.00 59,697.00 100.78 60,770.34 140.00 84,420.00 140.00 84,420.00 129.00 77,787.00 90.00 54,270.00 95.00 57,285.00 83.67 50,453.01 111.00 66,933.00 175.00 105,525.00 105.00 63,315.00 104.31 39 Monument Case and Cover (Adjust or Replace)8-13 EA 3 600.00 1,800.00 365.00 1,095.00 1,200.00 3,600.00 862.50 2,587.50 747.58 2,242.74 800.00 2,400.00 1,050.00 3,150.00 400.00 1,200.00 400.00 1,200.00 950.00 2,850.00 500.00 1,500.00 2,000.00 6,000.00 4,188.87 12,566.61 1,100.00 3,300.00 405.00 1,215.00 4,000.00 12,000.00 1,185.56 40 Monument, Monument Case & Cover 8-13 EA 1 2,500.00 2,500.00 672.00 672.00 1,200.00 1,200.00 3,645.50 3,645.50 2,903.34 2,903.34 160.00 160.00 2,887.50 2,887.50 2,500.00 2,500.00 5,000.00 5,000.00 1,450.00 1,450.00 500.00 500.00 3,500.00 3,500.00 4,235.13 4,235.13 4,500.00 4,500.00 805.00 805.00 5,000.00 5,000.00 2,434.90 41 Cement Conc. Sidewalk 4"8-14 SY 790 75.00 59,250.00 89.50 70,705.00 74.00 58,460.00 81.19 64,140.10 71.60 56,564.00 82.50 65,175.00 85.84 67,813.60 115.00 90,850.00 105.00 82,950.00 85.50 67,545.00 72.00 56,880.00 80.00 63,200.00 65.92 52,076.80 87.00 68,730.00 126.00 99,540.00 90.00 71,100.00 81.94 42 Cement Conc. Sidewalk 10"8-14 SY 78 200.00 15,600.00 359.50 28,041.00 216.00 16,848.00 188.03 14,666.34 153.74 11,991.72 120.00 9,360.00 156.42 12,200.76 280.00 21,840.00 300.00 23,400.00 188.00 14,664.00 95.00 7,410.00 150.00 11,700.00 152.13 11,866.14 185.00 14,430.00 149.00 11,622.00 200.00 15,600.00 180.80 43 Detectable Warning Surface 8-14 SF 62 45.00 2,790.00 49.00 3,038.00 56.00 3,472.00 82.80 5,133.60 52.26 3,240.12 54.00 3,348.00 47.25 2,929.50 70.00 4,340.00 35.00 2,170.00 176.00 10,912.00 50.00 3,100.00 50.00 3,100.00 55.12 3,417.44 60.00 3,720.00 33.00 2,046.00 100.00 6,200.00 60.65 44 Permanent Signs 8-21 EA 3 300.00 900.00 687.00 2,061.00 1,000.00 3,000.00 1,012.00 3,036.00 812.93 2,438.79 1,500.00 4,500.00 525.00 1,575.00 600.00 1,800.00 700.00 2,100.00 800.00 2,400.00 500.00 1,500.00 1,000.00 3,000.00 2,401.78 7,205.34 700.00 2,100.00 752.00 2,256.00 1,000.00 3,000.00 874.42 1,180,231.00 732,732.00 909,733.00 788,484.47 754,020.13 817,192.25 852,476.09 1,122,391.50 1,062,130.50 937,662.00 988,081.00 825,000.00 895,912.41 899,988.00 1,315,341.00 1,151,139.00 936,818.89 852,726.09$ 1,138,759.00$ *NOTE: All applicable sales tax shall be included in the unit and lump sum bid price per section 1-07.2(1) and WAC 458-20-171. Earthworks Solutions, LLC. SCHEDULE OF BID ITEMS AND QUANTITIES ENGINEER'S ESTIMATE Active Construction, Inc. Apcon Tech, Inc. TOTAL = Fury Site Works, Inc. Hoffman Construction, Inc. Kamins Construction Kar-Vel Construction Gary Merlino Construction Northwest Cascade Inc. OMA Construction, Inc. Reed Trucking & RRJ Company, LLC. Sascon, LLC. SLE, Inc. Westwater Construction Co Page 1H:\File Sys\TED - Transp Engr Design\TED 40 - Projects\04265 Maplewood Sidewalk\7000 Bidding\7200 Evaluation\Maplewood Bid Evaluation - ESM AG E N D A I T E M # 5 . k ) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE CAG-11-093—FIRST AMENDED AND RESTATED CONTRACT BETWEEN THE CITY OF SEATTLE AND THE CITY OF RENTON FOR THE SUPPLY OF WATER. WHEREAS, the City of Seattle and the City of Renton entered into a Partial Requirements Contract for the Supply of Water (Contract No. CAG-11-093), which is set to expire on January 1, 2062; and WHEREAS, the City of Seattle and the City of Renton have completed negotiations for the First Amended and Restated Contract for the Supply of Water, which includes provisions for the City of Seattle to provide regional water conservation services to the City of Renton; and WHEREAS, it would be in the public best interest to execute the First Amended and Restated Contract for the Supply of Water; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are hereby found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to execute the First Amended and Restated Contract for the Supply of Water with the City of Seattle, CAG-11-093 Amendment No. 1 attached and incorporated herein by reference. PASSED BY THE CITY COUNCIL this day of , 2025. ______________________________ Jason A. Seth, City Clerk AGENDA ITEM # 7. a) RESOLUTION NO. _______ 2 APPROVED BY THE MAYOR this day of , 2025. ______________________________ Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney RES-PW:25RES025:10/22/2025 AGENDA ITEM # 7. a) First Amended and Restated Contract for the Supply of Water City of Renton FIRST AMENDED AND RESTATED CONTRACT BETWEEN THE CITY OF SEATTLE AND THE C ITY OF RENTON FOR THE SUPPLY OF WATER DATE: _____________________________ AGENDA ITEM # 7. a) i First Amended and Restated Contract for the Supply of Water City of Renton TABLE OF CONTENTS Page(s) FIRST AMENDED AND RESTATED CONTRACT BETWEEN THE CITY OF SEATTLE AND THE CITY OF RENTON FOR THE SUPPLY OF WATER ........................................................... 1 RECITALS ....................................................................................................................................................................... 1 SECTION I. DEFINITIONS .......................................................................................................... 3 SECTION II. TERM OF CONTRACT AND GENERAL CONDITIONS .................................. 10 II.A. Term of Contract ...................................................................................................................................... 10 II.B. Agreement to Supply and Purchase Water ............................................................................................. 13 II.C. Continuity of Service within the Term of the Contract ......................................................................... 23 II.D. Water Quality ........................................................................................................................................... 25 II.E. Regional Water Conservation Program .................................................................................................. 32 II.F Cedar River Watershed Education Center and other facilities ............................................................ 34 SECTION III. CONDITIONS OF SERVICE ............................................................................. 35 III.A. Minimum Hydraulic Gradient and Flow Rates ..................................................................................... 35 III.B. Resale to Other Parties ............................................................................................................................. 37 III.C. Interconnection With Other Systems ...................................................................................................... 37 III.D. Development of Seattle Regional Water Supply System Infrastructure ............................................... 39 III.E. Metering Equipment ................................................................................................................................. 40 SECTION IV. COST OF WATER SUPPLY & TRANSMISSION ............................................... 41 IV.A. Rate-making and Cost-allocation Principles .......................................................................................... 41 IV.B. Ratemaking Framework .......................................................................................................................... 44 IV.C. Seattle Regional Water Supply System Cost Pools ............................................................................... 45 IV.D. Allocation of Costs and Revenues into Cost Pools .................................................................................. 50 IV.E Allocation of Cost Pools by Customer or Customer Class. ........................................................... 61 IV.F Elective Services ....................................................................................................................................... 65 IV.G Rate Setting, Adjustments and Special Charges .................................................................................... 65 IV.H. Cost Review and Truing Actual Costs and Actual Revenues ................................................................ 73 SECTION V. OPERATING BOARD ........................................................................................... 77 SECTION VI. PLANNING ........................................................................................................ 78 VI.A. Reporting of Planning Data ..................................................................................................................... 78 VI.B. Submittal of Water Utility Water System Plans ..................................................................................... 80 VI.C. Seattle as Water Planning Agency ........................................................................................................... 80 VI.D. Capital Improvement Plan ....................................................................................................................... 81 SECTION VII. PAYMENT ......................................................................................................... 83 VII.A. Collection of Money Due City .................................................................................................................. 83 VII.B. Penalties for Late Payment ...................................................................................................................... 83 AGENDA ITEM # 7. a) ii First Amended and Restated Contract for the Supply of Water City of Renton VII.C. Billing Disputes ......................................................................................................................................... 83 VII.D Availability of Records ............................................................................................................................. 84 SECTION VIII. CONTRACT AMENDMENTS .......................................................................... 84 SECTION IX. DISPUTE RESOLUTION .................................................................................. 84 IX.A. Operating Board Review .......................................................................................................................... 84 IX.B. Seattle Mayor Review ............................................................................................................................... 85 IX.C. Mediation ................................................................................................................................................... 85 IX.D. Resort to Litigation ................................................................................................................................... 86 IX.E. Efficiency of Review .................................................................................................................................. 86 SECTION X. MISCELLANEOUS ............................................................................................... 86 X.A. Notification ................................................................................................................................................ 86 X.B. Severability ................................................................................................................................................ 87 X.C. Consent ...................................................................................................................................................... 88 X.D. Emergency Situations ............................................................................................................................... 88 X.E. No Joint Venture - Individual Liability ................................................................................................... 88 X.F. Complete Agreement ................................................................................................................................ 88 X.G. Venue, Jurisdiction and Specific Performance ....................................................................................... 89 X.H. Default and Non-Waiver .......................................................................................................................... 89 X.I. Force Majeure ........................................................................................................................................... 89 X.J. Successors .................................................................................................................................................. 90 X.K. Exhibits ...................................................................................................................................................... 90 SIGNATURE PAGE ........................................................................................................................ 91 LIST OF EXHIBITS ........................................................................................................................ 92 EXHIBIT I ..................................................................................................................................................................... 93 PURCHASE COMMITMENT & EMERGENCY, INDEPENDENT AND PURCHASED SUPPLIES ............... 93 EXHIBIT II .................................................................................................................................................................... 99 SERVICE CONNECTIONS, MINIMUM HYDRAULIC GRADIENTS, AND FLOW RATES OF WATER SUPPLIED ..................................................................................................................................................................... 99 EXHIBIT III ................................................................................................................................................................ 101 DEMAND CHARGE METHODOLOGY ................................................................................................................. 101 EXHIBIT IV ................................................................................................................................................................. 104 OPERATING BOARD STRUCTURE ...................................................................................................................... 104 EXHIBIT V .................................................................................................................................................................. 106 FACILITIES CHARGES ........................................................................................................................................... 106 EXHIBIT VI ................................................................................................................................................................. 108 REGIONAL FACILITIES ......................................................................................................................................... 108 EXHIBIT VII ............................................................................................................................................................... 112 SUBREGIONAL FACILITIES AND ALLOCATIONS .......................................................................................... 112 AGENDA ITEM # 7. a) iii First Amended and Restated Contract for the Supply of Water City of Renton EXHIBIT VIII ............................................................................................................................................................. 117 INDEX O&M COST CATEGORIES ........................................................................................................................ 117 EXHIBIT IX ................................................................................................................................................................. 119 STRANDED AND AVOIDED COSTS ...................................................................................................................... 119 AGENDA ITEM # 7. a) Page 1 First Amended and Restated Contract for the Supply of Water City of Renton FIRST AMENDED AND RESTATED CONTRACT BETWEEN THE CITY OF SEATTLE AND CITY OF RENTON FOR THE SUPPLY OF WATER THIS FIRST AMENDED AND RESTATED CONTRACT (“Contract”) is entered into between the CITY OF SEATTLE (“Seattle”), a municipal corporation of the State of Washington, and the CITY OF RENTON (“Water Utility”), a municipal corporation of the State of Washington. RECITALS 1. Seattle owns and operates a system for the supply, treatment, transmission, and distribution of potable water and is authorized to sell and distribute water to its residents and to other persons and customers located outside the corporate limits of Seattle. 2. Seattle's water system is integral to the health and welfare of the residents located within the retail and wholesale water service areas shown in Seattle's Water System Plan. Seattle intends to provide water from the system to meet the current and future needs of the residents of the wholesale water service areas pursuant to long-term water supply contracts. 3. In meeting this service commitment, Seattle must ensure that this role does not place financial burdens on its retail customers for which they do not receive a corresponding benefit. 4. This Contract and contracts of a similar nature with other Wholesale Customers of Seattle located within Seattle’s wholesale water service area are intended to provide those Wholesale Customers and Seattle with the assurance of a long-term service commitment for reliable and sustainable high quality water supply and to describe the terms and AGENDA ITEM # 7. a) Page 2 First Amended and Restated Contract for the Supply of Water City of Renton conditions associated with that commitment. 5. Under this Contract, Seattle intends to provide wholesale water to Water Utility at an equivalent Wholesale Level of Service with the same pricing and operational principles as it provides itself. 6. Given the extensive growth of Seattle and the surrounding areas and the impacts upon infrastructure and costs, this Contract is intended to provide sufficient water for growth. As a general philosophy for cost sharing purposes, the parties desire to adopt the principle that “growth should pay for growth.” 7. Seattle and Water Utility, together with other Wholesale Customers of Seattle, have agreed to establish an Operating Board comprised of representatives from Seattle and Wholesale Customers, along with an independent representative, all pledged to represent the best interests of the region, to provide advice and direction in certain areas to the Administrator of the Seattle Regional Water Supply System. 8. Pursuant to Section II.A.4.a, Seattle, Water Utility and the other Wholesale Customers have undertaken a review of the Contract and have mutually agreed to amend certain terms and conditions of the Contract to update and clarify obligations of the parties and to strengthen the partnership, resiliency and sustainability of the Seattle Regional Water Supply System. NOW, THEREFORE, in consideration of mutual covenants herein, the parties mutually agree as follows: AGENDA ITEM # 7. a) Page 3 First Amended and Restated Contract for the Supply of Water City of Renton SECTION I. DEFINITIONS For the purposes of this Contract, the following terms have been defined as: “Administrator” - The General Manager of Seattle Public Utilities or any other title given to that person who maintains the executive authority to operate and manage the Seattle Regional Water Supply System. “Alternate Supply(ies)” – The Emergency, Independent and Purchased Supplies, if any, available to Water Utility. “Annual O&M Costs” – The annual total O&M Costs included in each cost pool as determined in Section IV.D.3. “Automatically Allowed Reduction” – The purchase reduction amount automatically allowed as defined in Section II.B.5.d.viii. “Avoided Costs” – The proportional share of the projected capital and operating cost of the next planned source of supply of the Seattle Regional Water Supply System represented by the size of a Wholesale Customer's qualifying reduction in demand, as more particularly defined in Section II.B.5 and Exhibit IX. “Block Purchase Contract” – A contract in which Seattle sells a fixed quantity of water to a block wholesale customer on a take or pay basis. “Customer-driven Demand Fluctuations” – Demand fluctuations that are out of Seattle or Water Utility’s control and result from retail customer discretion or behavior, such as weather or economic-related demand, use of efficient fixtures, use of reuse water alternatives or redevelopment of property, etc. “Eastern Subregional Facilities” – Certain subregional transmission facilities used, in part, to serve those Wholesale Customers in the Eastern Subregion as more particularly described in AGENDA ITEM # 7. a) Page 4 First Amended and Restated Contract for the Supply of Water City of Renton Section I of Exhibit VII. “Emergency Supply(ies)” – Water supplies that Water Utility receives or purchases from another water purveyor to use on an emergency or temporary basis as specifically identified in Section I of Exhibit I. Emergency Supplies do not include Independent or Purchased Supplies, or periodic or intermittent water supplies used for peak or seasonal demand or other domestic demand. “Existing Regional Facilities” – Components of the Seattle Regional Water Supply System which consist of supply and transmission resources and facilities that Seattle exclusively owns and operates; related deferred costs; and facilities owned by others for which Seattle has entered into an agreement to use, all of which are used to produce, treat and convey water to the Seattle Retail Distribution System, Water Utility, other Wholesale Customers, and block or other wholesale customers as set forth in Section I of Exhibit VI. This does not include New Supply, New Transmission or Subregional Facilities. “Facilities Charges” – Facilities Charges (FCs) are the product of the Equivalent Residential Unit (ERU) Charge and the ERU Factor, as further described in Section IV.D.2.c. and Exhibit V. FCs are only as described in this Contract. “Firm Yield” - Firm yield is the amount of water that Seattle is able to supply system-wide as published in the Seattle Water System Plan. “Full Requirements Contract” – A contract in which Seattle supplies a Wholesale Customer with its Full Water Requirements. “Full Water Requirements” – All of the water, except for Emergency Supplies, if any, that Water Utility needs to meet the demand of its present and future retail water customers within its retail distribution service area, as shown in Water Utility’s water system plan in effect on the Effective Date of this Contract, as may be amended according to the provisions of this Contract. AGENDA ITEM # 7. a) Page 5 First Amended and Restated Contract for the Supply of Water City of Renton “Independent Supply(ies)” – Water supplies that are owned and operated by Water Utility pursuant to existing or transferred water rights, claims or permits as specifically identified in Section II of Exhibit I or new water supplies acquired by Water Utility through a merger with another water purveyor not supplied by Seattle water. Independent Supplies do not include Emergency or Purchased Supplies. “Index O&M Costs” – The portion of O&M Costs used to support the Seattle Regional Water Supply System only, except those identified as Non-Index O&M Costs, as more particularly described by the O&M Cost categories specified in Exhibit VIII. “Infrastructure Adder” – 1.5% that is added as a component of the Rate of Return on Investment to the Net Book Value of facilities recognized under the Utility Basis. “Mixed-use Assets” – Capitalized facilities or assets that are shared between or used to support both the Seattle Retail Distribution System and the Seattle Regional Water Supply System. “Mixed-use O&M Costs” –The portion of O&M Costs that are shared between or used to support both the Seattle Retail Distribution System and the Seattle Regional Water Supply System. “New Supply Facilities” – New resources and facilities developed after January 1, 2002, or portions of rehabilitated or replaced Existing Regional Facilities as may be allocated by the Operating Board, that expand the supply capacity of the Seattle Regional Water Supply System as set forth in Section II of Exhibit VI. This does not include Existing Regional, New Transmission or Subregional Facilities. “New Transmission Facilities” – New resources and facilities developed after January 1, 2002, or portions of rehabilitated or replaced Existing Regional Facilities as may be allocated by the Operating Board, that expand the transmission capacity of the Seattle Regional Water Supply System as set forth in Section III of Exhibit VI. This does not include Existing Regional, New AGENDA ITEM # 7. a) Page 6 First Amended and Restated Contract for the Supply of Water City of Renton Supply or Subregional Facilities. “Non-index O&M Costs” – A portion of O&M Costs to support the Seattle Regional Water Supply System only, but not included in the Index O&M Costs because they are nonrecurring or other special circumstances, as determined by Seattle, which may include, but are not limited to pre-or post-capital expenses claims or net disposition costs. “Operating Board” – A board of representatives established by Section V of this Contract and having the specific roles and limited authorities as more particularly set forth throughout this Contract. “O&M Costs” - The fully loaded costs of labor (i.e. all wages and fringe benefits); costs of materials, supplies, and equipment; and other direct or indirect costs or expenses that are not capitalized; or portions thereof, required or expended to operate, maintain, repair and support the Seattle Regional Water Supply System and the Seattle Retail Distribution System in good working order consistent with all applicable local, state and federal laws, policies and standards and to meet the obligations of this Contract. “Partial Requirements Contract” - A contract in which Seattle supplies a Wholesale Customer with its Partial Water Requirements during the Contract term. "Partial Water Requirements" – All of the water that is over and above the aggregate amount of Water Utility’s Independent and Purchased Supplies that Water Utility needs to meet the demand of its present and future retail water customers within its service area as shown in Water Utility’s water system plan in effect on the Effective Date of this Contract, as may be amended according to the provisions of this Contract. “Purchase Commitment” – Water Utility’s Full or Partial Water Requirements, as appropriate, as specified in Exhibit I. AGENDA ITEM # 7. a) Page 7 First Amended and Restated Contract for the Supply of Water City of Renton “Purchased Supplies” – Water supplies Water Utility purchases from another water purveyor to meet the demand of its present or future retail water customers as specifically identified in Section III of Exhibit I. “Qualified Partial Requirements Contract ” - A contract in which Seattle supplies a Wholesale Customer with its future partial or full requirements during the Contract term- following a customer's demand reduction due to Purchased Supplies. “Qualified Partial Water Requirements” – Water Utility’s Partial Water Requirements less the amount of a new Purchased Supply that becomes effective pursuant to a reduction of Water Utility’s Purchase Commitment under Section II.B.5. "Rate of Return on Investment" - Seattle’s Average Cost of Debt plus the Infrastructure Adder. “Regional Facilities” – All of the Existing Regional, New Supply and New Transmission Facilities. “Regional Water Conservation Program” - A regional program, implemented collaboratively between Seattle and Wholesale Customers, to help retail customers use water efficiently, defer development of new supply resources and meet applicable regulations and agreements as more particularly described in Section II.E. “Renton Subregional Facilities” - Certain subregional transmission facilities used, in part, to serve those Wholesale Customers in the Renton Subregion as more particularly described in Section III of Exhibit VII. Seattle Average Cost of Debt (“ACOD”) – The weighted average interest rate on Seattle’s water system debt outstanding over the course of a calendar year calculated at the end of each calendar year during the term of this Contract. “Seattle’s Cash Pool Rate” - The interest rate earned by the Seattle Water Fund for cash deposited AGENDA ITEM # 7. a) Page 8 First Amended and Restated Contract for the Supply of Water City of Renton in the City of Seattle’s cash pool. “Seattle Retail Distribution System” – Seattle’s retail water distribution system consisting of its retail customers within the Seattle retail water service area as defined in its Water System Plan, and including storage facilities, distribution mains, pumps, disinfection facilities, retail service connections, and all other facilities not included in the Seattle Regional Water Supply System. "Seattle Regional Water Supply System" - Seattle's regional water supply system consisting generally of water rights (including permits and claims), real property rights, dams, impounded water, supply and transmission mains, pumps, treatment facilities, Subregional Facilities, Service Connections and all other resources and facilities utilized in producing, treating and conveying water up to but not including the Seattle Retail Distribution System, and through to the end of the Service Connections of the Water Utility and other Wholesale Customers, and block or other wholesale customers. “Seattle’s Service Area Boundary” - Seattle’s then current designated place of use of Seattle’s water certificates, permits, claims or service area under Seattle’s approved Water System Plan. “Seattle Water Enterprise Fund” - A public utility enterprise fund of the City of Seattle established to account for activities of the water system operated by Seattle. "Seattle Water System Plan" - Seattle's 2019 Water System Plan, dated August 2019, and amendments and updates thereto, prepared by Seattle to comply with the requirements of WAC 246-290-100, and successor regulations, including each successive Water System Plan issued approximately every 10 years. "Service Connection” - The Seattle-owned and operated metered delivery locations as specified in Exhibit II, beginning at the outlet from the regional supply pipeline (which may be a subregional pipeline) to the end of the Seattle-owned vault, or the first isolation valve downstream AGENDA ITEM # 7. a) Page 9 First Amended and Restated Contract for the Supply of Water City of Renton of the vault; including the water meter and associated appurtenances through which Seattle delivers water at a defined level of service from the Seattle Regional Water Supply System to a Wholesale Customer's retail distribution water system. “Southwest Subregional Facilities” - Certain subregional transmission facilities used, in part, to serve those Wholesale Customers in the Southwest Subregion, as more particularly described in Section II of Exhibit VII. “Stranded Costs” – Those portions of infrastructure costs that Seattle has incurred and fixed operations costs committed for the Seattle Regional Water Supply System, but not yet recovered through rates and charges, at the time a Wholesale Customer reduces or terminates its Purchase Commitment, that other Wholesale Customers, including Seattle, would have to pay due to the loss of expected revenue resulting from that Wholesale Customer’s reduction or termination as more particularly described in Exhibit IX. “Subregional Facilities” – All of the Eastern, Southwestern and Renton Subregional Facilities, or other subregions, if any, that may be added during the term of this Contract. “Wholesale Customer” – Those water utilities who purchase water from Seattle under a Full or Partial Requirements Contract for the purposes of reselling to their retail customers. “Wholesale Level of Service” – Water delivered by Seattle to the Service Connection(s) in accordance with the conditions listed in Exhibit II and this Contract intended for Wholesale Customers’ distribution to their retail customers through their own distribution systems. Except as may be specifically provided in this Contract, Seattle is not responsible for, and Wholesale Level of Service does not include, compliance with Department of Health (“DOH”) standards, including fire flow, emergency back-up and water quality within Water Utility’s retail service area or distribution system. AGENDA ITEM # 7. a) Page 10 First Amended and Restated Contract for the Supply of Water City of Renton SECTION II. TERM OF CONTRACT AND GENERAL CONDITIONS II.A. Term of Contract 1. Term. This First Amended and Restated Contract shall be in effect beginning at 12:01 AM on the Effective Date and shall remain in effect until 12:00 AM on January 1, 2062 (“Contract Term”). 2. Effective Date. This First Amended and Restated Contract shall be effective on January 1, 2026 (“Effective Date”). 3. Review of the Contract Term. The parties acknowledge and agree that it is desirable to manage the expiration or extension of this Contract Term prior to expiration, and therefore agree that the Contract Term in Section II.A.1 shall be automatically extended for an additional ten (10) years (“Extension”) on January 1, 2032, and every ten (10) years thereafter (“Extension Date”). The Water Utility may opt out of such extension of the Contract Term by providing written notice to Seattle prior to the Extension Date. If Water Utility opts out of the Extension, Seattle shall plan to supply water to Water Utility for only the remaining Contract Term and shall plan for Water Utility to not purchase any water supplies from Seattle as of the expiration of such Contract Term. 4. Periodic Review and Right to Change Certain Terms and Conditions. The parties may review and change certain terms and conditions governing the sale of water under this Contract by January 1, 2042 (“1st Review”), and January 1, 2062 (“2nd Review”), and by January 1 every 20 years thereafter during the term of this Contract or as soon as practicable after the respective January 1, as follows. a. Mutual Agreement. On or before January 1, 2041, and then again on or before January 1, 2061, and every 20 years thereafter, respectively, Seattle, Water Utility AGENDA ITEM # 7. a) Page 11 First Amended and Restated Contract for the Supply of Water City of Renton or any Wholesale Customer may provide the other party and Wholesale Customers with a written proposal to amend the Contract terms. All parties, including Seattle, Water Utility, and other Wholesale Customers, shall consider the proposal(s), if any. If the parties mutually agree to the proposal(s), or as negotiated, prior to January 1, 2042 or January 1, 2062, or every 20 years thereafter, respectively, or a date later than January 1 as may be mutually and reasonably agreed to by the parties to continue negotiations, a written amendment to this Contract shall be approved and executed by both parties and this Contract shall be amended accordingly. b. Seattle's Right to Amend. If the parties are unable to mutually agree on a proposal by Seattle pursuant to subsection II.A.4.a above within the one-year period associated with the 1st Review, or mutually agreed later date, Seattle may propose in writing its desired amendment to the Operating Board by March 31, 2042, or by 90 days past the expiration of a mutually agreed later date. The Operating Board shall review and recommend revisions, if any, to the proposed amendment. Seattle and the Operating Board shall use reasonable efforts to resolve any concerns in the proposal. After 90 days from Seattle's written proposal to the Operating Board, Seattle may propose its desired amendment to the Seattle City Council. If the Operating Board does not agree with Seattle’s proposal, it may submit a revised proposal to the Seattle City Council within 90 days of Seattle’s submission of its proposal to the Seattle City Council. After receiving the Operating Board’s alternate proposal, or after the lapse of the 90 day period for the Operating Board to make an alternate proposal, the Seattle City AGENDA ITEM # 7. a) Page 12 First Amended and Restated Contract for the Supply of Water City of Renton Council may then deny both proposals or approve one of them and issue an amendment to this Contract, which shall be in effect for the remaining term of the Contract from the date of issuance, unless later amended pursuant to this subsection II.A.4, or by mutual agreement. Seattle shall not have the right to unilaterally amend the Contract after the First Review period and all subsequent Contract amendments must be mutually agreed to by Seattle and Water Utility. c. Limitation on Seattle's Right to Amend. Notwithstanding subsection II.A.4.b above, Seattle shall not have the right to amend the Contract under that provision in a manner to: (i) reduce its obligation to provide the Full or Partial Water Requirements of Water Utility, as appropriate; (ii) cease to provide wholesale water to Water Utility at an equivalent Wholesale Level of Service as it provides to itself; (iii) charge a higher wholesale rate for water supply and transmission to Water Utility than that charged to the Seattle Retail Distribution System,; (iv) reduce its water quality obligations for the Seattle Regional Water Supply System; (v) change the methodology for calculating Rate of Return on Investment; (vi) restrict Water Utility's right to terminate or reduce its Purchase Commitment,; (vii) disband or significantly reduce the powers of the Operating Board; (viii) amend any Contract provision that will apply only to Water Utility; ix) change the definition of the Seattle Regional Water Supply System; (x) extend or expand its contractual rights to any portion of Water Utility’s retail water distribution systems; (xi) include taxes or surcharges beyond what the water rate setting industry would consider normal in wholesale rates or that are not in accordance with applicable laws and regulations; (xii) amend any Contract AGENDA ITEM # 7. a) Page 13 First Amended and Restated Contract for the Supply of Water City of Renton provision relating to Seattle's obligation to approve Water Utility's proposal to introduce Alternate Supplies into Water Utility's retail distribution system as provided in Section II.D.9; (xiii) change the criteria for approval of Alternate Supplies. d. Intent. The purpose and intent of the provisions allowing Seattle a limited right to amend the Contract as provided in Section II.A.4.b-c. are to provide Seattle with flexibility to administer numerous Full and Partial Requirements Contracts in a consistent manner when changes to the Contract are desired by Seattle but are not approved by the Operating Board and/or all of the Wholesale Customers as well as to make reasonable changes in response to changing conditions, laws, and regulations over the course of this long-term Contract. Any proposed amendments to the Contract are subject to the procedures and limitations provided in Section II.A.4.b-c. When Seattle no longer has this limited right to amend, Wholesale Customers may agree to different contract terms which could necessitate the creation of separate Full and Partial Requirements Customer Classes each with their own Wholesale Statements and administered according to each Class’s agreed-to contract terms. II.B. Agreement to Supply and Purchase Water 1. Full or Partial Requirements Commitment. Seattle shall supply, and Water Utility shall purchase, Water Utility’s Full or Partial Water Requirements as specified in Exhibit I, for the term of this Contract, unless amended pursuant to the provisions below. 2. Expansions in Water Utility’s Service Area. Seattle shall supply the Full or Partial Water Requirements, as appropriate, if Water Utility acquires additional service area that is: 1) AGENDA ITEM # 7. a) Page 14 First Amended and Restated Contract for the Supply of Water City of Renton located outside of the service area as defined in Water Utility’s Water System Plan in effect on the Effective Date of this Contract and 2) which is not already served with water from the Seattle Regional Water Supply System, subject to a) the availability of water in the Seattle Regional Water Supply System as reasonably determined by Seattle; b) the limitation of Seattle’s Service Area Boundary; and c) Water Utility’s payment of Facilities Charges (“FCs”) for the retail service connections in that additional service area in accordance with Section IV.D. The parties will cooperate to amend, by letter agreement Exhibits I and II, as appropriate, for the limited purpose of documenting the changed circumstances resulting from acquiring the additional service area. 3. Contractions in Water Utility’s Service Area. In the event Water Utility’s entire service area and service responsibilities, or portion thereof, are assumed by or are transferred to another utility or utilities, then this Contract shall become null and void at the time, and to the extent, the assumption or transfer becomes effective; provided, however, 1) this Contract will remain in full force and effect for Water Utility’s remaining service area, if any; and 2) if the transferee of the service area is a Wholesale Customer, Seattle shall provide water to the transferee according to the terms of the transferee's water supply contract with Seattle. Seattle, Water Utility and the transferee Wholesale Customer will cooperate to amend, by letter agreement Exhibits I and II, as appropriate, for the limited purpose of documenting the changed circumstances resulting from the transfer. If the transferee is not a Wholesale Customer, then Seattle may offer the transferee a water supply contract for the transferred service area subject to terms and conditions as Seattle shall determine. 4. Annexation by Seattle. If Water Utility’s entire service area, or a portion thereof, is AGENDA ITEM # 7. a) Page 15 First Amended and Restated Contract for the Supply of Water City of Renton annexed to Seattle, then this Contract shall become null and void to the extent of the annexation and upon the effective date of Seattle's assumption of Water Utility's water system or a portion thereof. In the event Water Utility has remaining service area after the assumption, this Contract will remain in full force and effect for the remaining service area, and Seattle and Water Utility will cooperate to amend, by letter agreement Exhibits I and II, as appropriate, for the limited purpose of documenting the changed circumstances resulting from the annexation of a portion of Water Utility’s service area. 5. Water Utility’s Right to Terminate or Reduce Purchase Commitment. Water Utility may terminate or reduce its Purchase Commitment subject to the terms and conditions set forth below. a. Notice Required: i. Timing: Water Utility must submit 5 years’ advance written notice (“Notice Period”) to Seattle indicating its desire to terminate or reduce its Purchase Commitment (“Notice”), except as provided below. (a) If Seattle amends the terms and conditions of this Contract pursuant to Section II.A.4.b above, Water Utility must submit 1 years’ advance written notice to Seattle to terminate its Purchase Commitment within 1 year of the effective date of the amendment. (b) Any notice previously issued by Water Utility to Seattle prior to December 31, 2022 in accordance with the terms and conditions of the Contract then in existence shall be effective to terminate or reduce Water Utility’s Purchase Commitment under the Contract. All such notices will be described in Exhibit I. AGENDA ITEM # 7. a) Page 16 First Amended and Restated Contract for the Supply of Water City of Renton ii. Contents of Notice: The Notice shall include the following: (a) A resolution of Water Utility’s governing body approving the Notice and acknowledging Water Utility is subject to the relevant conditions in Section II.B.5.c. (b) A description of the relevant information, including but not limited to: a description of any new Alternate Supply consistent with the information in Exhibit I; the scope (e.g. termination or reduction, amount); and brief description of actions necessary to put the proposed Alternate Supply into use (e.g. regulatory approvals, capital projects, water quality analysis, contract approvals, etc.) or that it is terminating based on Section II.B.5.a.i.(a) above. (c) Except for a termination pursuant to Section II.B.5.a.i.(a) above, Water Utility may include a request for a Notice Period shorter than 5 years, which request shall include a justification. (d) Water Utility will provide additional information upon reasonable request by Seattle or the Operating Board. iii. Pre-Notice Request for Calculation of Stranded Costs: Water Utility shall have the right to request Seattle to perform a calculation of Stranded Costs that would be incurred by Water Utility if it issues a Notice to terminate or reduce its Purchase Commitment (“Pre-Notice Request”). A Pre-Notice Request shall be made by Water Utility in writing and shall include the amount of the reduction in its Purchase Commitment and the anticipated effective date of such reduction. Seattle shall respond to Water Utility’s AGENDA ITEM # 7. a) Page 17 First Amended and Restated Contract for the Supply of Water City of Renton Pre-Notice Request by providing a written estimate to Water Utility within thirty (30) days (“Pre-Notice Calculation Estimate”). Water Utility agrees to provide Seattle with additional information requested by Seattle that is necessary to allow Seattle to perform the Pre-Notice Calculation Estimate. The Pre-Notice Calculation Estimate will not be binding on either party and will be based on Stranded Cost only; any Avoided Cost calculation will not be included. The Pre-Notice Calculation Estimate shall be completed as described in Exhibit IX, will be based on the current asset schedule, and will not include any changes that occur or information that becomes known between the estimate and the Notice. b. Effective Date: The termination or reduction will become effective 5 years from the date of the Notice, or 1 year in the case of a termination under Section II.B.5.a.i.(a). Alternatively, if Water Utility requested, and the Operating Board approved a shorter notice period, the termination or reduction will become effective upon the date approved by the Operating Board. In either case, Water Utility must meet the relevant conditions in Section II.B.5.c. below for the termination or reduction to become effective. Additionally, upon Operating Board approval, the parties may mutually agree in writing to extend the 5-year or approved shorter Notice Period for a reasonable and specific amount of time to allow Water Utility additional time to meet the relevant conditions or complete actions to put the Alternate Supply into use. The Operating Board may approve a shorter or extended notice period upon a determination that it is in the best interests of the Seattle Regional Water Supply System. Water Utility may rescind its Notice in writing any time prior to the effective AGENDA ITEM # 7. a) Page 18 First Amended and Restated Contract for the Supply of Water City of Renton date. For any notice other than those provided under Section II.B.5.a.i.(b), if Water Utility has not met the conditions by the effective date, the Notice will be rescinded automatically. In either case, when a Notice is rescinded, the Contract will remain in full force and effect. c. Conditions/Effect of Termination or Reduction: i. Termination: Water Utility will be subject to the following conditions if it terminates its Purchase Commitment in its entirety: (a) Water Utility will lose representation or membership on the Operating Board upon the date of the Notice. (b) This Contract will terminate in its entirety as of the effective date of the Notice as specified in Section II.B.5.b above. (c) Water Utility will pay the full costs for Seattle to decommission Water Utility’s Service Connections as listed in Exhibit II. This obligation will survive the termination of the Contract. (d) Water Utility will pay, or receive credit, as the case may be, for its proportional share of any deficit or surplus running balances in any cost pool as of the end of the year of the Effective Date, which shall be prorated by Water Utility’s share of total demand (e.g. flow) since the most recent year the running balances were zero. (e) Water Utility will pay the Final Net Stranded Cost Payment, or receive the Final Net Billing Credit, as described below in Section II.B.5.c.ii (e)(i) as determined by Seattle pursuant to Exhibit IX. (f) Seattle, in its sole discretion, may offer Water Utility a new water AGENDA ITEM # 7. a) Page 19 First Amended and Restated Contract for the Supply of Water City of Renton supply contract if Water Utility wants to purchase water from the Seattle Regional Water Supply System again in the future, however any new contract will be subject to: i) Seattle’s determination of the availability of water; ii) no guarantee of a Full or Partial Requirements Contract; and iii) terms and conditions as Seattle may require, including but not limited to, special charges and rates, provided the terms and conditions are consistent with the Ratemaking Principles in this Contract. ii. Reduction: Water Utility will be subject to the following conditions if it reduces its Purchase Commitment in part: (a) The parties will cooperate to amend, by letter agreement, Exhibits I and II, as appropriate, for the limited purpose of documenting the reduction in Water Utility’s Purchase Commitment, the new Alternate Supply, and the amount and effective date of any Purchase Commitment reductions. Water Utility’s Full or Partial Requirements Contract may be converted to a Partial Water Requirements or Qualified Partial Water Requirements Contract, as the case may be, consistent with this Section II.B.5.c. (b) Water Utility will pay the full costs for Seattle to decommission Water Utility’s Service Connections listed in Exhibit II or add new Service Connections, if appropriate. (c) Water Utility will pay the Final Net Stranded Cost Payment, or will receive the Final Net Billing Credit, as described below in AGENDA ITEM # 7. a) Page 20 First Amended and Restated Contract for the Supply of Water City of Renton II.B.5.c.ii(e)(i), if applicable, as determined by Seattle pursuant to Exhibit IX, unless Water Utility provided Seattle with written notice of its intention to reduce its purchase commitment between January 1, 2009 and December 31, 2022. (d) Will receive a Facilities Charge Allowance pursuant to Section IV.D.2.c. (e) For reductions related to the use of new or increased production of Independent Supplies only, Water Utility: (i) May be eligible for an Avoided Cost offset to Stranded Costs (or if the offset is large enough, a Net Billing Credit) as determined by Seattle pursuant to Exhibit IX and if Seattle determines the Independent Supply: 1. Will be used entirely within Water Utility’s retail distribution system; 2. Results in Avoided Costs of future supply for the Seattle Regional Water Supply System; and 3. Meets all applicable eligibility criteria that Seattle may develop in consultation with the Operating Board to ensure the offset (or Net Billing Credit) is only applicable to independent supplies that provide reliable, high- quality water, which criteria will include, but not be limited to operational reliability, water quality, and environmental impact. AGENDA ITEM # 7. a) Page 21 First Amended and Restated Contract for the Supply of Water City of Renton (f) For reductions related to the use of new or increased Purchased Supplies, Water Utility: (i) Will be converted to a Qualified Partial Requirements Contract. If Water Utility loses its Purchased Supply, in whole or in part, and wants to purchase additional water from the Seattle Regional Water Supply System to replace the lost Purchased Supply, the purchase may be subject to: availability of water as determined by Seattle; or terms and conditions such as special charges to convert back to a Full or Partial Requirements Contract, provided the terms and conditions are consistent with the Ratemaking Principles in this Contract. (ii) May not use Purchased Supplies in a manner that will have adverse impacts on the Seattle Regional Water Supply System due to constraints or other terms and conditions in the contract for the Purchased Supply. Seattle, in consultation with the Operating Board, reserves the right to require terms and conditions to protect against adverse impacts or constraints, such as prohibiting impacts to seasonal shaping or peak demands or waiving rights under Section II.C.2. (iii) Exhibit I will be updated by Seattle whenever Water Utility or other Wholesale Customer terminates or reduces purchases pursuant to this section and such update will be provided to all Wholesale Customers and the Operating AGENDA ITEM # 7. a) Page 22 First Amended and Restated Contract for the Supply of Water City of Renton Board. d. Not Considered Reduction: For the purposes of this Section II.B.5, reductions under the following circumstances are not considered a reduction of Water Utility’s Purchase Commitment and this Section II.B.5 will not apply: i. The use of Emergency Supplies listed in Section I of Exhibit I; ii. Customer-driven Demand Fluctuations; iii. Participation in the Regional Water Conservation Program; iv. Participation in Regional Shortage Management Contingency Plan or similar plans requiring restrictions on water deliveries. v. Contraction of Water Utility’s service area pursuant to Sections II.B.3 and 4 above. vi. Acquisition of additional Independent Supplies through a merger or acquisition of another water purveyor that is not currently a customer of Seattle. vii. Reductions defined in any notice previously issued by Water Utility to Seattle prior to December 31, 2022 in accordance with the terms and conditions of the Contract then in effect. viii. Reductions in demand, or portions thereof, that result in aggregate reductions under this Contract for Water Utility that are equal to or less than the Automatically Allowed Reduction applicable to Water Utility, which shall be equal to 5.0% of Water Utility’s average purchases from Seattle for the five most recent calendar years at the time of Water Utility’s initial Purchase Commitment Reduction as described in Exhibit I. AGENDA ITEM # 7. a) Page 23 First Amended and Restated Contract for the Supply of Water City of Renton ix. Demand fluctuations that are out of Seattle or Water Utility’s control and result from new laws or regulations, including legal rulings, that require the use of reuse water by Water Utility. 6. New or Extended Water Supply Contracts. The full terms and conditions of any new, amended, or extended water supply contracts, along with Seattle’s analysis and explanation of the same, will be submitted to the Operating Board for review and comment prior to adoption. II.C. Continuity of Service within the Term of the Contract 1. Parity of Service. Seattle shall provide wholesale water to Water Utility at an equivalent Wholesale Level of Service that it provides to the Seattle Retail Distribution System. 2. Emergency and Water Shortage Contingency Planning. Seattle shall adopt, as part of its Water System Plan, emergency plans to provide for water supply in the event of drought or disaster. It is recognized by both parties that Seattle may adopt plans to manage emergencies or water shortages that are implemented on a regional basis in order to meet an emergency condition or a water shortage that impacts the Seattle Regional Water Supply System and may offer trainings or coordinate emergency preparedness activities amongst water utilities within the Seattle Regional Water Supply System. Seattle will follow the Seattle Water Shortage Contingency Plan or any other emergency plan in effect as of the effective date of this Contract, and as may be added or amended from time to time. The Operating Board may review and recommend revisions to any amended water shortage contingency plans or other relevant emergency plan before Seattle adopts the plan. Restrictions placed on water deliveries under any adopted plan will be applied consistently to Water Utility, other Wholesale Customers, and the Seattle Retail AGENDA ITEM # 7. a) Page 24 First Amended and Restated Contract for the Supply of Water City of Renton Distribution System. Water Utility shall assist with and support all procedures or emergency plans, including cooperating with restrictions on water deliveries, that are implemented under Seattle’s then current Water Shortage Contingency Plan, or another adopted emergency plan that impacts the Seattle Regional Water Supply System. Water Utility is responsible for adopting its own plans for emergencies or water shortages from Alternate Supplies or within its retail distribution system. Seattle may offer assistance or coordinate with Water Utility to make mutual aid plans together, including via WA WARN or other platform as mutually agreed. 3. Other Emergencies or Interruptions to Service. It is recognized by both parties that Seattle may temporarily interrupt or reduce deliveries of water or revise conditions of service (e.g. minimum hydraulic gradient) (collectively “Temporary Interruptions”), to Water Utility if Seattle determines that Temporary Interruptions are necessary or reasonable in case of system emergencies or in order to conduct necessary operations and maintenance, including but not limited to, installing equipment, making repairs, replacements, investigations and inspections or performing other maintenance work on the Seattle Regional Water Supply System. Except in cases of emergency, and in order that Water Utility's operations will not be unreasonably interrupted, Seattle shall give Water Utility and the Operating Board reasonable notice of any Temporary Interruptions, the reasons for and the probable duration. Seattle shall use its best efforts to minimize Temporary Interruptions to Water Utility. 4. Waiver of Charges. If Temporary Interruptions require that Water Utility draw water supply in a manner that would potentially subject Water Utility to demand charges under Section IV.G.5.a, Seattle shall waive the demand charges during the period of the AGENDA ITEM # 7. a) Page 25 First Amended and Restated Contract for the Supply of Water City of Renton Temporary Interruption. II.D. Water Quality 1. Seattle Regional Water Supply System. Seattle shall be responsible for water quality within the Seattle Regional Water Supply System. Seattle and Water Utility shall work collaboratively to address water quality concerns raised by Water Utility. The Water Utility may request Operating Board review of any water quality concerns that it believes are not reasonably resolved by Seattle. Seattle shall construct, operate and maintain water quality treatment and other facilities and programs and use its best efforts to carry out its water quality responsibilities to deliver safe, high-quality water in the most cost-effective manner for the region. 2. Applicable Standards. Seattle shall at all times during the term of this Contract deliver water through the end of the Service Connection(s) that meets or exceeds all applicable Federal and State regulations as may be amended from time to time. The parties acknowledge and agree that a minor regulatory violation (e.g. missed sample collection) is not considered a default of Seattle’s water quality obligations under this Section II.D except to the extent it is significant in duration and risk to public health and Seattle has not made good faith efforts to correct the violation consistent with the applicable regulations. 3. System-wide Water Quality Program. Seattle, in consultation with the Operating Board, may develop and implement a system-wide water quality program, portions of which will guide its obligations for water quality within the Seattle Regional Water Supply System under this Section II.D consistent with applicable regulatory requirements, industry standards and operational needs. The system-wide program may include, but not be AGENDA ITEM # 7. a) Page 26 First Amended and Restated Contract for the Supply of Water City of Renton limited to objectives, policies and procedures, and roles and responsibilities for water quality treatment, regulatory and non-regulatory monitoring, reporting, water quality incident response, cross-connection control, and best or adaptive management practices. Seattle will allocate these program costs to the appropriate cost pools as provided in Section IV. 4. Role of Operating Board. The Operating Board may: a. review and recommend revisions to the relevant portions of Seattle’s system-wide water quality program related to the Seattle Regional Water Supply System or obligations under this Contract; b. recommend best or adaptive water quality management practices for the Seattle Regional Water Supply System; c. approve allowances for flushing when Seattle or Operating Board determines flushing is the best available option to maintain or improve regional water quality; d. review and recommend revisions to the water quality criteria Seattle adopts and applies prior to: (1) approving the introduction of a new water source into the Seattle Regional Water Supply System or into Water Utility’s retail distribution system if the new water source will be mixed with water from the Seattle Regional Water Supply System under Section II.D.9 and Seattle can establish that the revisions to the water quality criteria are related to the Seattle Regional Water Supply System, or (2) determining whether a new or increased Independent Supply may be eligible for an offset or Billing Credit under Section II.B.5.c.ii; e. approve any changes to the water quality obligations under this Section II.D upon recommendation by Seattle, resulting from changes in regulatory requirements during the AGENDA ITEM # 7. a) Page 27 First Amended and Restated Contract for the Supply of Water City of Renton term of this Contract. The parties will amend this Section II.D by letter agreement in the event the Operating Board approves changes to the water quality obligations under this subsection; and f. establish a technical subcommittee(s) to assist in its roles under this Section II.D.4. 5. Distribution Systems. Water Utility shall be responsible for compliance with all applicable federal, state, and local water quality laws and regulations with in its retail distribution system. Seattle is not responsible for water quality compliance for water from Alternate Supplies. 6. Monitoring. Monitoring generally consists of sample collection, testing and reporting. Seattle is responsible for water quality monitoring for the Seattle Regional Water Supply System and Water Utility is responsible for water quality monitoring for its retail distribution system. Notwithstanding the foregoing, the parties acknowledge and agree that it is in the best interests of the region for Seattle to perform certain monitoring responsibilities as described below within those Wholesale Customers’ retail distribution systems that have not opted out of the monitoring services as described below and to include the costs of such monitoring services in the appropriate cost pools under Section IV of this Contract. Seattle will not monitor the water within a Wholesale Customer’s retail distribution system that opts out of monitoring services. A Wholesale Customer that elects to opt out of Seattle’s monitoring services shall submit a written notice to Seattle of its election to opt out of these monitoring services. Water Utility may contract with Seattle to perform water quality monitoring and reporting services that are in addition to Seattle’s obligations under this Section II.D as an elective service under Section IV.F. of this Contract. Specific monitoring procedures for Rules identified in the Federal Safe AGENDA ITEM # 7. a) Page 28 First Amended and Restated Contract for the Supply of Water City of Renton Drinking Water Act (40 CFR 141) and Chapter 246-290 WAC are described below: a. Surface Water Treatment Rule (“SWTR”) and Groundwater Rule (“GWR”). Seattle shall perform all monitoring for the water sources it owns in the Seattle Regional Water Supply System, and any chlorine residual sample collection and testing in Water Utility’s distribution system, which is done in conjunction with Seattle’s TCR monitoring consistent with Section II.D.6.c below. Seattle will report SWTR and GWR results to WA DOH and chlorine residual data to Water Utility. Water Utility is responsible for any applicable monitoring for its Independent or other Alternate Supplies and any other chlorine residual monitoring within its retail distribution system required under the SWTR. b. Lead and Copper Rule (“LCR”). Seattle shall perform monitoring within retail distribution systems for Wholesale Customers who hold Full Requirements Contracts under a regional LCR program. If Water Utility is a holder of a Full Requirements Contract, Water Utility is responsible for coordinating the location and collection of samples and reporting results to property owners as part of the regional LCR program. If Water Utility is a holder of a Partial Requirements Contract, Water Utility is responsible for all monitoring for LCR within its retail distribution system. In that case, Water Utility may elect to use the Seattle WQ Lab to test any LCR samples it collects as an Elective Service pursuant to Section IV.F. c. Total Coliform Rule (“TCR”). Seattle shall perform all routine sample collection and testing within Water Utility’s retail distribution system, unless Water Utility notifies Seattle in writing that it will be responsible for all routine TCR AGENDA ITEM # 7. a) Page 29 First Amended and Restated Contract for the Supply of Water City of Renton monitoring within its retail distribution system. When Seattle performs routine TCR monitoring, Seattle shall report results to Water Utility and WA DOH, and Water Utility shall verify number and location for routine sample collection. Water Utility is responsible for performing any repeat sample collection, testing, and required reporting to WA DOH. Water Utility may elect to use the Seattle WQ Lab to test any samples it collects as an Elective Service under Section IV.F and Seattle will report results to Water Utility and WA DOH. d. Disinfection By-Products Rule (“DBP”). Seattle shall perform all routine sample collection at designated sample stands and testing of those samples within Water Utility’s retail distribution system unless Water Utility notifies Seattle in writing that it will be responsible for all DBP monitoring within its retail distribution system. When Seattle performs routine DBP monitoring, Seattle shall report results to Water Utility and WA DOH, and Water Utility shall verify number and location for sample collection. Water Utility is responsible for any routine sample collection at sites that are not designated sample stands and any additional sample collection, testing of samples it collects, and required reporting to WA DOH. Water Utility may elect to use the Seattle WQ Lab to test any samples it collects as an Elective Service under Section IV.F and Seattle will report results to Water Utility and WA DOH. e. Unregulated Contaminant Monitoring Rule (“UCMR”). Seattle shall perform all applicable monitoring required under the UCMR within the Seattle Regional Water Supply System. Water Utility will be responsible for all applicable monitoring required under the UCMR within its retail distribution system. Upon AGENDA ITEM # 7. a) Page 30 First Amended and Restated Contract for the Supply of Water City of Renton recommendation by Seattle, the Operating Board may approve an alternate allocation of monitoring responsibilities under the UCMR when it is in the best interests of the Seattle Regional Water Supply System. The costs of any monitoring Seattle performs within the Seattle Regional Water Supply System or as approved by the Operating Board will be allocated to the appropriate cost pool under Section IV of this Contract. f. Other Monitoring. Seattle shall perform any other regulatory or non-regulatory monitoring within the Seattle Regional Water Supply System it deems necessary to ensure safe, high quality water; including but not limited to, other source and miscellaneous monitoring; taste and odor sampling; and emerging contaminants. Water Utility will be responsible for any additional regulatory or non-regulatory monitoring within its retail distribution system. 7. Water Quality Reporting to Regulatory Agencies and Retail Customers (Consumer Confidence Reports). Each Wholesale Customer, including Water Utility, and Seattle, at its sole cost, is responsible for periodic water quality notifications and reporting to its respective retail customers and regulatory agencies as required by law. Seattle shall provide Water Utility all relevant water quality monitoring data consistent with its responsibilities in Section II.D.6 above in a timely manner so that Water Utility may incorporate the water quality data in its required notifications or reports and Seattle may offer public notification assistance, training, or other public notification resources to Water Utility. 8. Flushing. Water Utility shall be solely responsible for flushing water mains within its retail distribution system. Flushing allowances will be provided by Seattle when Seattle AGENDA ITEM # 7. a) Page 31 First Amended and Restated Contract for the Supply of Water City of Renton or the Operating Board determine flushing is the best available option to maintain or improve regional water quality. 9. New Water Sources. To ensure public health and regional reliability, the parties agree that blending of water supplies is a matter of regional importance to be managed with the cooperation of the Water Utility, the Operating Board, and Seattle. Therefore, before Water Utility may introduce a new Alternate Supply into its retail distribution system that will mix with water from the Seattle Regional Water Supply System, Seattle must approve the Alternate Supply in writing as a compatible source after an evaluation using customary and reasonable water quality criteria developed in consultation with the Operating Board from time to time. Seattle is required to approve the proposed Alternate Supply when the evaluation establishes that the proposed Alternate Supply meets the following criteria: 1) satisfactory results from a blending study to determine the compatibility of the new Alternate Supply with existing sources already in the Seattle Regional Water Supply System or Water Utility’s retail distribution system; 2) the appropriate method and level of treatment and the probable distribution area of the new Alternate Supply within Water Utility’s retail distribution system; and 3) satisfactory evidence that Water Utility has obtained all necessary and appropriate regulatory permits, reviews, agreements and approvals for rights to and operational use of the Alternate Supply. The requirements under this Section II.D.9 are in addition to any other requirements, e.g. Section II.B.5, under this Contract to add a new Alternate Supply. 10. Transfers Outside Water Utility’s Retail Distribution System. If Water Utility has approval pursuant to Section III.B and transfers water from the Seattle Regional Water Supply System through its retail distribution system to the distribution system of another AGENDA ITEM # 7. a) Page 32 First Amended and Restated Contract for the Supply of Water City of Renton water utility, Water Utility, the other water utility, or both, shall be fully responsible for meeting all applicable water quality standards related to the transfer of such water between their respective systems. Seattle will not be responsible for water quality for water transferred outside of Water Utility’s retail distribution system. II.E. Regional Water Conservation Program The parties acknowledge and agree that conservation is an important ongoing tool to manage water supply resources and that a regional program, implemented collaboratively between Seattle and Wholesale Customers, to assist retail customers in using water efficiently will help defer development of New Supply Facilities and meet applicable regulations and agreements including, but not limited to, Washington State’s Municipal Water Law (Chapter 90.03 RCW, as may be amended from time to time) and associated Water Use Efficiently (WUE) Rule (WAC 246-290 Part 8, as amended from time to time), Seattle’s 2000 Cedar River Habitat Conservation Plan (HCP) and the 2006 Muckleshoot Indian Tribe (MIT) Settlement Agreement. As a condition of service under this Contract, Water Utility agrees to participate in the Regional Water Conservation Program (“Program”), as it may be amended from time to time during the term of this Contract, consistent with the Program guidelines below. 1. Program Elements. The Regional Water Conservation Program generally consists of the adoption of a regional WUE goal, good faith participation by all Wholesale Customers and Seattle, measurement of performance toward the regional WUE goal on a regional basis, and a combination of measures such as education, technical assistance and financial incentives to achieve the regional WUE goal. 2. Role of Operating Board. The Operating Board will approve the regional WUE goal subject to the additional approval under Section II.E.5 below and the total Program AGENDA ITEM # 7. a) Page 33 First Amended and Restated Contract for the Supply of Water City of Renton budget subject to further approval by Seattle City Council, and set the strategic priorities for the Program consistent with any applicable requirements from regulations, agreements or orders. The Operating Board will also determine the cost recovery mechanism for the infrastructure costs of the Program, i.e. New Supply Rates or FCs, pursuant to Section IV.C.2.b. The Operating Board may also establish and provide strategic direction to a technical subcommittee of the Operating Board, the Conservation Technical Forum (“CTF”), comprised of program level staff from each Wholesale Customer and Seattle. 3. Role of Conservation Technical Forum. The CTF participates in designing the Regional Water Conservation Program, consistent with the strategic direction from the Operating Board, and may include review or generation of proposed Program elements or measures. 4. Role of Seattle. Seattle will administer the Regional Water Conservation Program, consistent with the approved regional WUE goal and total Program Budget, Program priorities and in consultation with the CTF. Administration includes, but is not limited to: staffing, including any consultants, to implement the Program; maintaining the Program website; maintaining a system to accept, process, and pay rebates; providing technical assistance to retail customers; developing template education and outreach materials for Wholesale Customers and Seattle to use in their retail distribution service areas (“Program materials”); coordinating certain regional marketing efforts with CTF; and providing each Wholesale Customer, including Water Utility, information related to achievement of the regional WUE goal and Program activity level within their respective retail distribution service areas. AGENDA ITEM # 7. a) Page 34 First Amended and Restated Contract for the Supply of Water City of Renton 5. Role of Wholesale Customers. At their own cost and expense, Seattle and each Wholesale Customer, including Water Utility, is responsible for marketing the Program using the Program materials within their retail service area that are in addition to any regional marketing efforts coordinated with CTF; adopting the regional WUE goal by their governing body; any required reporting of the regional WUE goal and performance to the State and their respective retail customers; and data collection as needed to track the regional WUE goal in their respective retail distribution systems. 6. Conservation in Addition to the Regional Program. Water Utility may elect to implement its own water conservation program or measures, in addition to the Regional Water Conservation Program, at its own discretion and its sole cost. 7. Postponing the Need for New Supply Facilities. In order to avoid the necessity of developing or acquiring New Supply Facilities for as long as reasonably practicable, any water saved through the Regional Water Conservation Program shall be dedicated first to the municipal water supply purposes of the Seattle Regional Water Supply System before any other use of such water may be undertaken. 8. Responding to changes in Conservation Program requirements. The parties acknowledge and agree that changes in conservation regulation, agreements, and other conservation requirements may occur from time to time. Upon Seattle’s request, Water Utility will cooperate to amend, by letter agreement, this Contract as appropriate, for the limited purpose of documenting adjustments to the Regional Water Conservation Program or documenting other conservation activities resulting from such changed circumstances. II.F Cedar River Watershed Education Center and Other Facilities Water Utility may use the Cedar River Watershed Education Center up to two times per year AGENDA ITEM # 7. a) Page 35 First Amended and Restated Contract for the Supply of Water City of Renton without charge, subject to availability. Water Utility may request occasional guided tours of the Cedar River Watershed or other facilities in the regional system. Water Utility may coordinate any use under this provision with the Wholesale Contracts Manager. SECTION III. CONDITIONS OF SERVICE III.A. Minimum Hydraulic Gradient and Flow Rates 1. Initial Minimum and Flow Rates. Seattle shall operate and maintain the Regional Facilities, and Subregional Facilities, if applicable, as necessary to maintain the minimum hydraulic gradients at each Service Connection as long as Water Utility does not exceed the flow rates at each Service Connection that are allocated from and based on maximum day demand, both of which are more specifically described in Exhibit II for each Service Connection. Seattle and Water Utility will include this information in their respective water system plans. Seattle, in consultation with the Operating Board, may increase the flow rates in Exhibit II from time to time based on updated average daily demand projections subject to transmission system capacity. Water Utility shall use best efforts to operate and maintain its retail distribution system in a manner consistent with the flow rates described in Exhibit II. Water Utility may use all or some of the flow rates allocated to each Service Connection on any other Service Connection that is located on the same Pipeline Segment Number, but in that case, the minimum hydraulic gradients are not guaranteed. Water Utility shall avoid taking water from a Service Connection in a manner that exceeds the flow rates for that Service Connection (or the aggregate flow rate for the Service Connections on the same Pipeline Segment Number) or take the flow at a rate faster than 24 hours, e.g. excessive intraday peaking, which could impact Regional Facilities or other Wholesale Customers downstream or upstream of Water Utility’s AGENDA ITEM # 7. a) Page 36 First Amended and Restated Contract for the Supply of Water City of Renton Service Connections. Upon notice by Seattle, Water Utility shall immediately reduce water deliveries at the Service Connection to no more than the flow rates for a Service Connection (or aggregate on same Pipeline Segment Number) in Exhibit II. In the event that Water Utility does not reduce deliveries as required under this provision, Seattle may install and operate flow restricting devices at the Service Connection(s), at Water Utility’s expense. Water Utility shall maintain sufficient storage in its retail distribution system to manage peak demands in excess of the flow rates in Exhibit II and may be subject to the Demand Charges pursuant to Section IV.G.5.a. if storage is insufficient. The parties will amend Exhibit II by letter agreement to reflect any modifications pursuant to this Section III.A.1. 2. Modifications. If Seattle proposes a capital improvement project that would result in needing to modify the minimum hydraulic gradient and the corresponding flow rates at one or more Service Connections, Seattle may modify the minimum hydraulic gradient and corresponding flow rates described in Exhibit II if Seattle finds, and the Operating Board concurs, that Seattle’s proposed capital improvement project would benefit the Seattle Regional Water Supply System and that it is feasible from an economic, land use and engineering perspective for Water Utility to adapt to the modification at its expense. Seattle may make these modifications only once during any fifteen (15) year period provided that four (4) years advance written notice is given to Water Utility unless a shorter notice is approved by the Operating Board. The parties will amend Exhibit II by letter agreement to reflect any modifications pursuant to this Section III.A.2. 3. New or Changed Service Connections. Seattle, in consultation with the Operating Board, and Water Utility may mutually agree, to new or relocated Service Connections or AGENDA ITEM # 7. a) Page 37 First Amended and Restated Contract for the Supply of Water City of Renton adjustments to the minimum hydraulic gradients and corresponding flow rates. The parties will amend Exhibit II by letter agreement to reflect any changes under this provision. Any costs associated with a new or changed Service Connection will be allocated consistent with Section IV.C.1.c. III.B. Resale to Other Parties Water Utility may sell, or supply for emergency purposes, water supplied by Seattle to other water utilities located outside of Water Utility's existing or future retail service area and within Seattle’s Service Area Boundary, or to Seattle’s other Wholesale Customers, block customers or retail customers, only upon the prior written consent of Seattle (or oral, in case of emergency), which consent may include any terms and conditions or limitations Seattle may require. Agreements for resale or emergency supply of water by Water Utility listed in Sections I or IV of Exhibit I, as appropriate, are hereby approved by Seattle subject to whatever written terms, conditions and limitations that Seattle has imposed on such resale or emergency supply. III.C. Interconnection With Other Systems 1. Prohibition on Interconnection. Water Utility shall not interconnect any part of its retail distribution system supplied with water from Seattle with other water systems without the prior written approval of Seattle, in consultation with the Operating Board, or, in case of emergency, upon oral approval by Seattle, which shall not be unreasonably withheld. Any such interconnection also shall be subject to the approval of the Washington State Department of Health and the installation of a meter. The interconnecting systems must be in compliance with all applicable laws and regulations including the requirement that they have a valid operating permit issued by the Washington State Department of Health. The parties will revise Exhibit I by letter AGENDA ITEM # 7. a) Page 38 First Amended and Restated Contract for the Supply of Water City of Renton agreement to include any interconnections approved under this Section III.C.1. 2. Requests by Seattle to Interconnect. Seattle may request that Water Utility interconnect its retail distribution system to the distribution system of an adjacent Wholesale Customer for the purposes of wheeling water from the Seattle Regional Water Supply System through Water Utility’s retail distribution system to the adjacent Wholesale Customer, provided that the adjacent Wholesale Customer has agreed to be subject to the provisions of Section III.C.2.b below. Water Utility shall comply with that request subject to the terms and conditions set forth below. a. Requirement for Interconnection. If Water Utility does not consent to Seattle's request for interconnection, Seattle may submit its request to the Operating Board. Water Utility may present the reasons it does not consent to the interconnection to the Operating Board, and may include alternatives for consideration to serve the adjacent Wholesale Customer. The Operating Board shall consider the matter. Upon (a) a written finding by the Operating Board that the proposed interconnection with an adjacent Wholesale Customer for wheeling purposes is feasible taking into account Water Utility's capabilities, limitations, and obligations, (b) a written finding by the Operating Board that such interconnection benefits the Seattle Regional Water Supply System and (c) a written demand of the Operating Board that Water Utility carry out the interconnection, Water Utility shall be required to interconnect its facilities to the adjacent Wholesale Customer for the purposes of wheeling water to that Wholesale Customer through its retail distribution system, provided that the adjacent Wholesale Customer has agreed to be subject to the provisions of Section III.C.2.b below. AGENDA ITEM # 7. a) Page 39 First Amended and Restated Contract for the Supply of Water City of Renton b. Payment and Indemnity. Seattle will require that the adjacent Wholesale Customer agree: 1) to perform or cause to perform the interconnection, at adjacent Wholesale Customer’s cost, in a location and according to specifications and a schedule acceptable to Seattle and Water Utility that do not unduly disrupt Water Utility’s operations; 2) pay Water Utility its actual costs incurred to review, inspect and accept the installation of the interconnection; 3) pay Water Utility a reasonable rate or charge for the cost of wheeling the water to the adjacent Wholesale Customer as determined by the Water Utility; and 4) indemnify Water Utility from any liability that may result from operating the interconnection to deliver water to the adjacent Wholesale Customer. The Operating Board may adopt a standard methodology based on industry standards for calculating costs that ensures that Water Utility is fairly compensated for wheeling water through its retail distribution system. The adjacent Wholesale Customer may request review of Water Utility's wheeling rate by the Operating Board. The Operating Board shall have the authority to revise any rate that it determines is in excess of the Water Utility's full costs of owning, operating, maintaining, repairing and replacing and supporting the water facilities necessary to wheel water to the adjacent Wholesale Customer. III.D. Development of Seattle Regional Water Supply System Infrastructure Final decisions and authority to approve construction of capital infrastructure related to the Seattle Regional Water Supply System shall rest with the Seattle City Council. Capital construction activities include, but are not limited to installations, renewals, replacements, upgrades, expansions, and any other costs included in Seattle’s Capital Improvement Plan as more AGENDA ITEM # 7. a) Page 40 First Amended and Restated Contract for the Supply of Water City of Renton particularly described in Section VI.D. III.E. Metering Equipment 1. Service Connection Meters. Seattle shall own and perform reading, testing, cleaning, routine maintenance and recalibration on the meters within each Service Connection to measure the amount of water delivered to Water Utility through the Service Connection pursuant to this Contract. Seattle shall perform all other work on the Service Connections including major maintenance, repairs, and replacements, at Water Utility’s expense regardless of the cause, provided that the cause is consistent with AWWA and safety standards and practices (e.g. major maintenance, repairs and replacements) except to the extent the costs are a result of 1) Seattle’s negligence, or 2) a meter failure within 5 years of the original installation; in which for both cases, the costs shall be allocated to the Existing Regional System Cost Pool. Water Utility shall operate and maintain its retail distribution system in a manner that the water flowing through the Service Connection meter operates within the normal operating range for the meter as specified by the manufacturer. In the event Seattle fails to conduct routine maintenance on the meters, including vault structures, Water Utility may notify Seattle of its failure and request that Seattle conduct the necessary and appropriate maintenance within a period of 90 days. Water Utility may in its discretion install additional water meters within Water Utility's water system to measure the supply of water from Seattle under this Contract. In the event of a discrepancy in meter readings, the parties will work in good faith to resolve the discrepancy. 2. Deliveries to Seattle. Until such time as Seattle determines it to be economical to install metering devices to measure the amount of water delivered from the Seattle Regional AGENDA ITEM # 7. a) Page 41 First Amended and Restated Contract for the Supply of Water City of Renton Water Supply System to the Seattle Retail Distribution System, the amount of water delivered to the Seattle Retail Distribution System shall be measured indirectly by subtracting the metered water delivered to all of Seattle’s Wholesale Customers and other wholesale customers, e.g. block contract holders, from 98% of the total amount of water exiting Seattle’s sources of supply as measured by the supply meters. Seattle shall perform routine maintenance and recalibration of its supply meters in accordance with industry standards to ensure the accuracy of the data and information being provided by the supply meter. SECTION IV. COST OF WATER SUPPLY & TRANSMISSION Cost-based rates are a water industry accepted practice and the historical practice of Seattle and the Wholesale Customers. The ratemaking principles, policies and methodologies set forth in this Section IV are intended to meet the objective of equitable and cost-based rates. IV.A. Ratemaking and Cost-allocation Principles The parties will apply the following general principles and policies to the establishment of all rates, charges, and cost allocations for water supply, transmission, and related services under this Contract. 1. No expenses attributable to electric power development may be allocated to the cost pools identified herein unless the pools are allocated a commensurate share of revenue derived from such development. 2. Seattle shall utilize the governmental accounting and financial reporting standards established by the Governmental Accounting Standards Board (“GASB standards”) that follow generally accepted accounting principles, as may be amended from time to time, consistently applied as a basis for developing the financial information upon which rates AGENDA ITEM # 7. a) Page 42 First Amended and Restated Contract for the Supply of Water City of Renton and charges are based. 3. Abrupt changes in financial policies should be avoided. 4. The rate structure should encourage the efficient use of water, conservation and the timely development of new environmentally responsible, cost-efficient, and high-quality water sources and should incorporate seasonal rates and other pricing approaches to encourage efficient use. 5. The rate structure should be innovative, flexible, and adaptive whenever it is cost effective and beneficial in furthering the ratemaking policies. 6. The rate structure should be simple to administer and easily understandable. 7. The rate structure should be designed to recover the costs to own, operate and support the Seattle Regional Water Supply System fairly and objectively. 8. Unless modified with the approval of the Operating Board or implemented prior to the initiation of the current Contract review process in 2020, Seattle’s ratemaking processes will reflect the generally accepted guidelines and practices of the U.S. water industry. 9. When revenues for regional or subregional assets are received outside of rates or Facilities Charges (such as but not limited to capital contributions, grants, donated plant, insurance or FEMA reimbursements, payments based on allowances or other agreed- upon terms), that portion of the asset equal to the amount of outside revenue received shall be removed from the applicable cost pool. When revenues for Index O&M Costs or Non-Index O&M Costs are received outside of rates (such as but not limited to grants, fee for services, insurance or FEMA reimbursements, payments based on allowances or other agreed-upon terms), the Index O&M Costs or Non-Index O&M Costs shall be reduced by the corresponding amount. AGENDA ITEM # 7. a) Page 43 First Amended and Restated Contract for the Supply of Water City of Renton 10. Certain costs may be recovered through allowances or other mutually negotiated terms. Any costs recovered through such terms must be recognized and accounted for appropriately within Seattle’s ratemaking processes to eliminate the possibility of double-recovery. 11. Any portion of Seattle’s Non-Index O&M Costs or capital costs which benefit only an individual Wholesale Customer or serves growth of a customer having a Block Purchase Contract shall be allocated to that customer or to a cost pool in which the customer bears an appropriate share, except as specifically provided in Sections IV.C.3.b, IV.D.2, and VI.D.2 of this Contract. 12. Only those costs incurred by the Seattle Water Enterprise Fund to own, operate, and reasonably support the Seattle Regional Water Supply System are eligible for recovery through the rates and charges pursuant to the terms of this Contract. 13. Seattle shall provide reasonable and early notice and appropriate information to the Operating Board so that it can carry out its roles with reasonable opportunity for meaningful input. 14. The Seattle Retail Distribution System shall be treated as the equivalent of a Wholesale Customer of the Seattle Regional Water Supply System for the purpose of charging Seattle the same applicable wholesale rates and charges as Water Utility for water supply and transmission unless specifically provided otherwise in this Contract. Costs calculated under the costs pools described below shall apply to all Wholesale Customers and to the Seattle Retail Distribution System consistently. 15. All parties will use best efforts in establishing rates and cost allocations that reflect the ratemaking and cost allocation principles set forth in this Section IV.A. AGENDA ITEM # 7. a) Page 44 First Amended and Restated Contract for the Supply of Water City of Renton 16. Costs should be capitalized for wholesale ratemaking purposes by applying the same capitalization policy as applied to the Seattle Water Enterprise Fund, except as allowed under Section IV.D.2.a.i. IV.B. Ratemaking Framework Subject to the foregoing principles, wholesale rates and charges for the services described in this Contract shall be developed by Seattle based on the following framework: 1. Water Supply and Transmission Services. The costs of water supply and transmission of water shall be accounted for in the cost pools described in Section IV.C below. Seattle will recover the costs in each cost pool by establishing separate rates or charges for each cost pool but may charge composite rates. Rates and charges will be applied consistently to Wholesale Customers within a Customer Class and the Seattle Retail Distribution System except as may be specifically defined as a charge to an individual or subset of Wholesale Customers, including Seattle. 2. Mixed-use Allowances. Seattle owns and operates Mixed-use Assets and performs Mixed-use O&M that are shared between or used to support both the Seattle Regional Water Supply System and the Seattle Retail Distribution System. The parties mutually agree to the recovery of costs of the portion of the Mixed-use Assets and Mixed-use O&M used to support the Seattle Regional Water Supply System to the extent specified in this Contract, including in Sections IV.D.2.b and 3.a.ii. 3. Seattle Retail Distribution System. Seattle may not allocate the costs of the Seattle Retail Distribution System or the portion of the Mixed-use Assets and Mixed-use O&M used to support the Seattle Retail Distribution System to any cost pools under this Contract. AGENDA ITEM # 7. a) Page 45 First Amended and Restated Contract for the Supply of Water City of Renton IV.C. Seattle Regional Water Supply System Cost Pools For the purposes of determining costs of water supply and transmission, there shall be the cost pools described below. 1. Existing Regional System Cost Pool.. The Existing Regional System Cost Pool shall be accounted for as follows: a. A rate shall be charged to recover the full costs of owning, operating, maintaining, repairing, renewing, and replacing and supporting the Existing Regional Facilities, which are assigned to this cost pool. Seattle may amend the list of Existing Regional Facilities in Exhibit VI, if necessary, to add or delete Existing Regional Facilities, as appropriate. The amended Exhibit VI will be incorporated as part of this Contract. b. The Operating Board may approve the allocation of 1) any portion of a New Supply or New Transmission Facility project that enhances reliability of Existing Regional Facilities to the Existing Regional System Cost Pool and 2) any portion of an Existing Regional Facility project that expands the supply capacity of the Seattle Regional Water Supply System to the New Supply Cost Pool or the transmission capacity of the Seattle Regional Water Supply system to the New Transmission Cost Pool. Seattle will amend the relevant lists of Regional Facilities in Exhibit VI, as appropriate, to document any portion of a project or costs that are allocated by the Operating Board under this Section IV.C.1.b. The amended Exhibit VI will be incorporated as part of this Contract. c. Costs of Service Connections and Metering Equipment. If Seattle requests a change in the location of the Service Connection to Water Utility for the benefit AGENDA ITEM # 7. a) Page 46 First Amended and Restated Contract for the Supply of Water City of Renton of the Seattle Regional Water Supply System or incurs costs for metering equipment that meet one of the exceptions in Section III.E, then the costs, including any retirement costs of the old Service Connection, shall be included in the Existing Regional System Cost Pool. If Water Utility requests a new Service Connection, a change in location, an adjustment to service conditions of an existing Service Connection or Seattle incurs any other costs that are allocated to Water Utility pursuant to Section III.E., then Seattle shall invoice Water Utility for the costs of the new, replaced/repaired or changed Service Connection, including any retirement costs of the old Service Connection consistent with Section III.E. 2. New Supply Cost Pool. The New Supply Cost Pool shall be accounted for as follows: a. A rate shall be charged to recover the full costs of owning, constructing, operating, maintaining, repairing, renewing and replacing and supporting the New Supply Facilities, which are assigned to this cost pool, and which includes the costs of the Regional Water Conservation Program. Seattle may amend the list of New Supply Facilities in Exhibit VI, to add or delete New Supply Facilities, as appropriate. The amended Exhibit VI will be incorporated as part of this Contract. b. The Operating Board may approve the allocation of certain costs to the New Supply Cost Pool consistent with Section IV.C.1.b above. Seattle will amend the relevant lists of Regional Facilities in Exhibit VI, as appropriate, to document any portion of a project or costs that are allocated by the Operating Board under this Section IV.C.2.b. The amended Exhibit VI will be incorporated as part of this Contract. AGENDA ITEM # 7. a) Page 47 First Amended and Restated Contract for the Supply of Water City of Renton c. The Operating Board shall determine whether the infrastructure costs of New Supply Facilities shall be recovered through FCs or new supply rates. d. The Operating Board may allocate the reasonable expenses of the Operating Board to this cost pool. 3. New Transmission Cost Pool. The New Transmission Cost Pool shall be accounted for as follows: a. A rate shall be charged to recover the full costs of owning, constructing, operating, maintaining, repairing, renewing, and replacing and supporting the New Transmission Facilities, which are assigned to this cost pool. Seattle may amend the list of New Transmission Facilities in Exhibit VI, if necessary, to add or delete New Transmission Facilities, as appropriate. The amended Exhibit VI will be incorporated as part of this Contract. b. The Operating Board may approve the allocation of certain costs to the New Transmission Cost Pool consistent with Section IV.C.1.b above. In addition, the Operating Board may approve the allocation of any portion of a New Transmission Facility project that benefits only a subset of Wholesale Customers or an individual Wholesale Customer to a subregional cost pool or the individual Wholesale Customer. Seattle will amend the relevant lists of Regional or Subregional Facilities in Exhibits VI or VII, as appropriate, to document any portion of a project or costs that are allocated by the Operating Board under this subsection IV.C.3.b. The amended Exhibits VI or VII will be incorporated as part of this Contract. c. The Operating Board shall determine whether the infrastructure costs of New AGENDA ITEM # 7. a) Page 48 First Amended and Restated Contract for the Supply of Water City of Renton Transmission Facilities shall be recovered through FCs or new transmission rates. d. The Operating Board may allocate the reasonable expenses of the Operating Board to this cost pool. 4. Operating Board Review. Prior to commencing in the design and construction of facilities eligible for inclusion in the New Supply or New Transmission Cost Pools, Seattle will review the purpose, timing, and need for said new supplies with the Operating Board. The Operating Board will have 90 days to provide Seattle with written comments on the proposed new supply or transmission development along with its recommendation on whether or not Seattle should proceed with the proposed plan. Nothing in this provision shall be interpreted to prevent Seattle from engaging in preliminary design efforts necessary to determine the feasibility of, or costs associated with, a particular project. 5. Subregional Cost Pools. Certain Wholesale Customers are served, in part, by subregional transmission facilities that only benefit those Wholesale Customers in the specific subregions. If Water Utility is served by subregional transmission facilities as described in Exhibit I, Water Utility is subject to the relevant provisions of this Section IV.C.5. If Water Utility is not served by subregional transmission facilities, this provision does not apply. The following subregional cost pools shall be accounted for as follows: a. Eastside, Southwest and Renton Subregional Cost Pools. A rate for each subregion shall be charged to the appropriate Wholesale Customers who are served by the respective subregional facilities to recover the full costs, as defined by this Contract, of owning, constructing, operating, maintaining, repairing, renewing and replacing and supporting the Eastside, Southwest or Renton AGENDA ITEM # 7. a) Page 49 First Amended and Restated Contract for the Supply of Water City of Renton Subregional Facilities, respectively, which are assigned to the respective subregional cost pools. Seattle may amend the list of Subregional Facilities in Exhibit VII, if necessary, to add or delete Subregional Facilities. The amended Exhibit VII will be incorporated as part of this Contract. b. The Operating Board may approve the allocation of other costs that benefit the specific Wholesale Customers served by the Eastside, Southwest or Renton Subregional Cost Pools, as appropriate. 6. Renton New Supply Cost Pool. The Renton New Supply Cost Pool shall be accounted for as follows: The full costs of owning, constructing, operating, maintaining, repairing, renewing and replacing and supporting the New Supply Facilities developed after January 1, 2012, including the costs of the Regional Water Conservation Program beginning January 1, 2012, shall be included in the Renton New Supply Cost Pool. 7. Creation of Additional Cost Pools. Seattle, in its discretion, may create additional cost pools, including its allocation by customer or customer class, to provide equity and flexibility in payment arrangements and the allocation of costs as the Seattle Regional Water Supply System expands to include new infrastructure, operations, and customers or responds to changed circumstances such as new regulatory requirements. The Operating Board may review and recommend revisions to the definition of the additional cost pool, and how it will be accounted for or allocated by customer or customer class. The Operating Board may approve the allocation of costs, or portion thereof, between a newly created additional cost pool and an existing cost pool if the costs to be allocated satisfy the criteria for allocation to the existing cost pool. Seattle and Water Utility will AGENDA ITEM # 7. a) Page 50 First Amended and Restated Contract for the Supply of Water City of Renton revise the Contract by letter agreement for the limited purposes of documenting the creation and allocation of an additional cost pool under this Section IV.C.7. 8. Approval of Cost Allocation Method. The Operating Board shall use its best efforts to determine and approve a cost allocation method for infrastructure projects and related capital costs within the Seattle Regional Water Supply System prior to the project obtaining construction approval from the Seattle City Council. Failure of the Operating Board to approve a cost allocation method, however, shall not hinder Seattle from approving such projects in order to assure Seattle’s fulfillment of its obligations under this Contract. IV.D. Allocation of Costs and Revenues into Cost Pools 1. Accounting. Seattle shall maintain and use a cost accounting system consistent with the provisions of this Contract and the GASB standards, as amended from time to time, consistently applied in developing the financial information for determining the costs of acquisition or ownership, construction, repair, renewal, replacement, upgrade, expansion, maintenance and operation of the Seattle Regional Water Supply System. Seattle’s compliance with GASB standards will take precedence over any conflicting accounting provisions under this Contract. a. Asset Accounts. An asset account shall be maintained for each facility and within that account, Seattle shall record the original cost of that facility, plus betterments, and less retirements. b. Depreciation. Facilities shall be depreciated according to industry-standard water system asset lives and a record of life-to-date depreciation shall be maintained for each facility. No depreciation shall be recorded in the first calendar year of AGENDA ITEM # 7. a) Page 51 First Amended and Restated Contract for the Supply of Water City of Renton operation of a facility. A full year’s depreciation shall be recorded in every subsequent year. c. Net Book Value. The Net Book Value of any facility shall be its original cost, plus betterments, and less retirements as recorded in its facility asset account, less life-to-date depreciation. 2. Infrastructure Costs. Each cost pool shall include the infrastructure costs for the facilities assigned to each cost pool as more particularly listed in Exhibits VI and VII (Regional Facilities and Subregional Facilities, respectively) and recognized on a utility or cash basis depending upon the facility and the cost pool as set forth below. a. Cost Basis. Seattle shall determine one of the following bases to recognize the infrastructure costs for ratemaking purposes and use it consistently throughout the life of the facility. i. Utility Basis. Seattle shall use the Utility Basis to recognize the infrastructure costs for all Existing Regional and Subregional Facilities, as well as their replacements and betterments or portions thereof. Seattle shall also use the Utility Basis for New Supply and New Transmission Facilities. Under the Utility Basis, the infrastructure cost for a facility in any year shall be the sum of (i) the annual depreciation expense recorded for that facility and (ii) the product of the Net Book Value of that facility and the Rate of Return on Investment of that facility. (a) Seattle, in its discretion, may consider interest costs as current infrastructure costs during the construction of a facility. However, any such interest costs must be considered contributions in aid of AGENDA ITEM # 7. a) Page 52 First Amended and Restated Contract for the Supply of Water City of Renton construction, and not included in the Net Book Value of the facility for purposes of recognizing infrastructure costs under the Utility Basis in future years. (b) For ratemaking purposes and with the approval of the Operating Board, assets may be depreciated over a different time frame than that used by Seattle for financial reporting purposes in preparation of its audited Financial Statements. ii. Cash Basis. Seattle, with the approval of the Operating Board, may use the Cash Basis to recognize infrastructure costs for any Regional or Subregional Facilities or a portion thereof. Under the Cash Basis, the infrastructure cost for a facility in any year shall be the actual cash expenditure made by Seattle in that year for either the payment of construction costs or actual principal and interest costs on debt issued to finance its construction. In the event that the depreciation lifetime of the facility listed in the asset account is less than the term of the debt issued to finance all or a portion of the facility, Seattle will select debt maturities such that the construction cost of the facility will be fully amortized under the Cash Basis at the end of its depreciation lifetime. b. Infrastructure Adder. The parties agree the Infrastructure Adder provides a reasonable way to recover an allowance for 1) the regional portion of infrastructure costs of Mixed-use Assets; 2) the regional portion of mixed-use unrestricted cash assets; and 3) the equity or higher opportunity cost of cash financing Regional Facilities or the regional portion of Mixed-use Assets. c. Facilities Charges. AGENDA ITEM # 7. a) Page 53 First Amended and Restated Contract for the Supply of Water City of Renton i. Establishing Facilities Charges. If the Operating Board determines to recover infrastructure costs for certain New Supply or New Transmission Facilities through FCs, then Seattle will establish FCs as follows: (a) ERU Charge. At the time the designated New Supply or New Transmission Facilities are put into service, Seattle shall establish a charge per one Equivalent Residential Unit (ERU Charge) for the Facility, or Facilities as the case may be, pursuant to the methodology in Exhibit V, which may include adjusting existing ERU Charges, if any, to include the new ERU Charges being established. (b) ERUs. (i) ERU Definition. Seattle, in its discretion, shall set, or amend from time to time, the capacity of one ERU to reflect the typical consumption of a single-family residence based on appropriate information consistent with accepted industry standards. The Operating Board may review and recommend revisions to Seattle’s ERU definition. The then current ERU definition will be used in the methodology in Exhibit V to establish an ERU Charge. (ii) ERU Factor. Seattle shall use the table of ERU Factors set forth in Exhibit V, which assigns a multiplier to each retail meter connection size. Seattle may propose, and the Operating Board may approve, adjustments to the table of ERU Factors. In the event the Operating Board approves an adjustment to the ERU Factors, the AGENDA ITEM # 7. a) Page 54 First Amended and Restated Contract for the Supply of Water City of Renton parties will amend Section B of Exhibit V by letter agreement for the limited purposes of documenting adjustments to the ERU Factors. (c) Facilities Charges. Seattle shall adopt Facilities Charges for each meter connection size based on the then current ERU Charge multiplied by the ERU Factor. ii. Imposition and Payment of Facilities Charges. Seattle shall collect and Water Utility shall pay FCs based on the following: (a) Water Utility’s Retail Connections. Until such time as Seattle develops another basis, Water Utility shall track the number and size of each retail meter installed by Water Utility during each month and pay the appropriate Facilities Charges, taking into account the size of each meter, within 30 days of the end of the next month, unless Water Utility has an FC Allowance balance pursuant to Section IV.D.2.c.iii below. (b) Seattle shall pay FCs on the same basis. (c) If Water Utility has an FC Allowance as listed in Section 2 of Exhibit I, the FC Allowance balance will be reduced by an amount equal to the aggregate of the ERU Factors for each meter added by Water Utility during the previous month, and such reduction of the FC Allowance balance shall be in lieu of payment of FCs until the FC Allowance is zero. (d) Seattle will allocate FC revenues to offset infrastructure costs in AGENDA ITEM # 7. a) Page 55 First Amended and Restated Contract for the Supply of Water City of Renton the New Supply or New Transmission Cost Pools, respectively, based on which cost pool the Regional Facility whose infrastructure costs are being recovered through FCs is assigned. Seattle and Water Utility agree that FC revenues are the sole property of Seattle. iii. FC Allowance for Supplies. If Water Utility operates Independent Supplies or Purchased Supplies as listed in Exhibit I, Seattle shall establish a growth allowance (“FC Allowance”) based on the amount of additional ERUs the Independent Supply or Purchased Supply is sufficient to serve within Water Utility's retail distribution service area as specifically described in Section 2 of Exhibit I as of the effective date of this Contract. The FC Allowance shall be a credit against the imposition of FCs until the FC Allowance reaches zero, then Water Utility shall pay FCs in accordance with Section IV.D.2.c.ii above. (a) Increase in FC Allowance. If Water Utility develops new Independent Supplies, makes improvements to an existing Independent Supply, or acquires new Purchased Supplies that increases the average annual production listed in Section 2 and/or Section 3 of Exhibit 1, the FC Allowance shall be adjusted as follows. If the new or improved Independent Supply or Purchased Supply produces at least one-third of its average annual production during the period between mid-May and mid-September, a trial period ("Trial Period") for the new or improved Independent AGENDA ITEM # 7. a) Page 56 First Amended and Restated Contract for the Supply of Water City of Renton Supply or Purchased Supply shall commence on January 1st of the calendar year following the year in which the new or improved Independent Supply or Purchased Supply was placed into production. The Trial Period shall extend for three calendar years. At the conclusion of the Trial Period, the FC Allowance shall be increased by the additional number of ERUs, using the then current ERU definition, served by the average annual production of the new or improved Independent Supply or Purchased Supply during the Trial Period. The parties will amend Exhibit I by letter agreement to document the adjusted FC Allowance and the average annual production of the new or improved Independent Supply or Purchased Supply. (b) Decrease in FC Allowance. In the event that the average annual production of an Independent Supply or Purchased Supply, or of all Independent or Purchased Supplies in aggregate, is lower than the average annual production as listed and under the conditions provided in Section II or Section III of Exhibit 1, the outstanding FC Allowance shall be reduced by the number of ERUs, at the then current ERU definition, that could be served, on an annual basis, by a supply of the same size as the reduction in average annual production of the Independent Supplies or Purchased Supplies. In the event that this adjustment results in a negative FC Allowance, Water Utility shall pay Seattle an amount equal to the then-current AGENDA ITEM # 7. a) Page 57 First Amended and Restated Contract for the Supply of Water City of Renton ERU Charge multiplied by the (negative) FC Allowance multiplied by minus one. The FC Allowance shall be zero upon full payment or commencement of payments under a payment agreement pursuant to Section VII.A.2. iv. Record-Keeping. (a) Monthly Report. Water Utility shall provide Seattle with a monthly report, in a form acceptable to Seattle, along with its monthly payment of FCs, showing the number of retail connections by size that Water Utility installed in the previous month. (b) Annual Report. Water Utility shall provide Seattle with an annual report by January 31st of each year for the previous year, in a form acceptable to Seattle, showing the total number of its retail connections by size as of December 31 of each year. (c) Seattle Annual Report on ERUs. Seattle shall prepare and distribute a report, no later than March 31st of each year, showing the ERUs for the Seattle Retail Distribution System and each Wholesale Customer for the previous year and each year since the original effective date of this Contract. 3. O&M Costs. The parties mutually agree to handle the O&M Costs for each cost pool as follows: a. Annual O&M Costs. For each of the Existing Regional System, New Supply and New Transmission Cost Pools, the Annual O&M Costs shall consist of the AGENDA ITEM # 7. a) Page 58 First Amended and Restated Contract for the Supply of Water City of Renton relevant Index O&M Costs times the Mixed-Use Multiplier, plus any Non-index O&M Costs in that year, if any. i. Index O&M Costs. The Index O&M Costs are the O&M Costs for the regional O&M Cost categories for each cost pool as more particularly described in Exhibit VIII and are intended to reflect the O&M Costs for Regional Facilities and regional-only programs and support functions. Seattle, in consultation with the Operating Board, may amend the list of Index O&M Cost categories in Exhibit VIII, if necessary, when a Regional Facility is added to or deleted from Exhibit VI or a regional-only program or support function is established or discontinued. The amended Exhibit VIII will be incorporated as part of this Contract. ii. Mixed-use Multipliers. The parties agree to use an initial Mixed-use Multiplier of 2.001, which, as applied above, results in an allowance for the portion of Mixed-use O&M Costs that support the Seattle Regional Water Supply System. The initial Mixed-use Multiplier established in this Contract, and any adjusted Mixed-use Multiplier, shall be consistent with the Ratemaking Principles in Section IV.A of this Contract and will be subject to periodic adjustment and review as provided in subsection (a) and (b) below and Section IV.H.1.a. (a) The Mixed-Use Multiplier shall be adjusted every five years as a part of the Wholesale Statements, following the procedure below. (i) Categorize the prior three years’ O&M Costs of the Seattle Water Enterprise Fund, net of debt service and taxes on water AGENDA ITEM # 7. a) Page 59 First Amended and Restated Contract for the Supply of Water City of Renton sales, into the following: Index O&M Costs, Non-index O&M Costs, Mixed-use O&M Costs, and the remainder, which is assigned as Seattle’s retail costs. (ii) Divide the Index O&M Cost by the sum of the Index O&M Cost and the retail cost. This calculation produces a percentage. (iii) Apply the percentage produced in (ii) to the Mixed-use O&M Costs. The result is the portion of the Mixed-use O&M that will be recovered by the Mixed-use Multiplier. (iv) To calculate the Mixed-use Multiplier, add the result from (iii) to the Index O&M Cost and divide that sum by the Index O&M Cost. (b) Seattle, in its discretion, may adjust the Mixed-use Multiplier from time to time when 1) it determines that the allowance produced by the then current Mixed-use Multiplier should not change in proportion to a change in the Index O&M Costs; and 2) the change in the Index O&M Costs was due to the addition or deletion of a Regional Facility resulting in a change of more than $100,000 of Index O&M Costs. The calculation of the adjusted Mixed-use Multiplier shall follow the procedure outlined in Section IV.D.3.a.ii.(a) above, except that the anticipated change in cost for the added or deleted Regional Facility shall be added to or subtracted from the Index O&M Cost, respectively. The calculation of the adjusted Mixed-use AGENDA ITEM # 7. a) Page 60 First Amended and Restated Contract for the Supply of Water City of Renton Multiplier will be documented in the Wholesale Statements described in Section IV.H. iii. Non-index O&M Costs. Seattle, in its discretion, may add certain regional O&M Costs that are unique or nonrecurring to the Annual O&M Cost in any year(s), as appropriate. For Non-Index O&M Costs larger than 1% of the annual Index O&M Costs, the Operating Board may elect to amortize the costs over a timeframe of the Board's choosing, not to exceed ten years. The annual amortization shall be included in the applicable cost pool, as well as the product of the unamortized cost and Seattle's Cash Pool Rate.. b. Subregional O&M Costs. For each of the Subregional Cost Pools, the Annual O&M Costs shall consist of the actual O&M Costs for the respective Subregional Facilities assigned to each Subregional Cost Pool, including any net disposition costs for any of the Subregional Facilities in that cost pool, if any; together with any additional O&M Costs for the Subregional Facilities approved by Operating Board. c. Renton New Supply O&M Costs. For the Renton New Supply Cost Pool, the Annual O&M Costs shall be the same as the Annual O&M Costs in the New Supply Cost Pool. d. Disposition Costs. The costs of disposing of Regional or Subregional Facilities shall be included in the cost pool to which the Regional or Subregional Facilities are assigned. In the case of Regional Facilities, the net disposition costs will be added as a Non-index O&M Cost. Net disposition costs shall be calculated as follows: AGENDA ITEM # 7. a) Page 61 First Amended and Restated Contract for the Supply of Water City of Renton i. Disposition Under the Utility Basis. The Net Book Value of the facility, less any sales, salvage, or other revenues derived from the disposition of that facility. If an alternate life is being used for ratemaking purposes as compared to Seattle's financial reporting and Financial Statement purposes, the Net Book Value refers to the remaining asset value under the alternate life. ii. Disposition Under the Cash Basis. The value of principal of unpaid maturities of debt used to finance the construction cost of the facility, less any sales, salvage or other revenues derived from the disposition of that facility. iii. Certain Large Net Disposition Costs. For net disposition costs larger than 1% of the annual Index O&M Costs, the Operating Board may elect to amortize the net disposition costs over the remaining life of the asset(s), or another timeframe of the Board's choosing not to exceed ten years. The annual amortization shall be included in the applicable cost pool, as well as the product of the unamortized net disposition cost and Seattle's Cash Pool Rate. IV.E Allocation of Cost Pools by Customer or Cu s tomer Class. The costs and revenues in the cost pools shall be allocated within the pools as follows: 1. Allocation of Existing Regional System Cost Pool. The total cost of the Existing Regional System Cost Pool shall be allocated to customer classes as follows: a. Block Purchase Customer Class. The portion of costs in the Existing Regional System Cost Pool allocated to holders of Block Purchase Contracts shall be AGENDA ITEM # 7. a) Page 62 First Amended and Restated Contract for the Supply of Water City of Renton determined pursuant to those contracts, if any. b. Other wholesale customers. The portion of costs in the Existing Regional System Cost Pool or Existing Supply and Existing Transmission Cost Pools, depending how they are named in the Block Contracts, allocated to holders of other types of wholesale water supply contracts with Seattle shall be determined pursuant to those contracts, if any. c. Full and Partial Requirements Customer Class. The holders of Full and Partial Requirements Contracts and the Seattle Retail Distribution System shall be allocated the remaining costs in the Existing Regional System Cost Pool after the allocations in Sections IV.E.1.a and b above. 2. Allocation of New Supply Cost Pool. The total costs of the New Supply Cost Pool shall be allocated as follows: a. Block Purchase Customer Class. The portion of costs in the New Supply Cost Pool allocated to holders of Block Purchase Contracts shall be determined pursuant to those contracts, if any. b. Other wholesale customers. The portion of costs in the New Supply Cost Pool allocated to holders of other types of wholesale water supply contracts with Seattle shall be determined pursuant to those contracts, if any. c . Full and Partial Requirements Customer Class. The holders of Full and Partial Requirements Contracts, except for Renton, and the Seattle Retail Distribution System shall be allocated the remaining costs in the New Supply Cost Pool after the allocations to Block Purchase Customers or other wholesale customers, if any, pursuant to Sections IV.E.2.a and b above; and after deducting an equivalent AGENDA ITEM # 7. a) Page 63 First Amended and Restated Contract for the Supply of Water City of Renton amount of costs that are allocated to Renton under the Renton New Supply Cost Pool pursuant to Section IV.E.5 below. 3. Allocation of New Transmission Cost Pool. The costs allocated to the New Transmission Cost Pool shall be allocated as follows: a. Block Purchase Customer Class. The portion of costs in the New Transmission Cost Pool allocated to holders of Block Purchase Contracts shall be determined pursuant to those contracts, if any. b. Other wholesale customers. The portion of costs in the New Transmission Cost Pool allocated to holders of other types of wholesale water supply contracts with Seattle shall be determined pursuant to those contracts, if any. c . Full and Partial Requirements Customer Class. The holders of Full and Partial Requirements Contracts and the Seattle Retail Distribution System shall be allocated the remaining costs in the New Transmission Cost Pool after allocations to Block Purchase Customers or other wholesale customers, if any, pursuant to Section IV.E.3.a and b above. 4. Allocation of Eastside, Southwest and Renton Subregion Cost Pools. All costs in the Eastside, Southwest and Renton Subregional Cost Pools shall be allocated to the Wholesale Customers served by the respective Subregional Facilities according to Exhibit VII. 5. Allocation of the Renton New Supply Cost Pool. A portion of the costs in the Renton New Supply Cost Pool shall be allocated as follows: a. Block Purchase Customer Class and other wholesale customers. The holders of Block Purchase Contracts or other wholesale customers shall not be allocated any AGENDA ITEM # 7. a) Page 64 First Amended and Restated Contract for the Supply of Water City of Renton costs from the Renton New Supply Cost Pool. b. Full and Partial Requirements Customers. Except for Renton, the holders of Full and Partial Requirements Contracts and the Seattle Retail Distribution System shall not be allocated any costs from the Renton New Supply Cost Pool. c. Renton. Renton shall be allocated 6.8% of the remaining costs in the Renton New Supply Cost Pool after deducting an amount equivalent to the amount of costs from the New Supply Cost Pool allocated to the Block Purchase Customer Class or other wholesale customers, if any, pursuant to Section IV.E.2.a and b above. Seattle will recover the costs allocated to Renton from the Renton New Supply Cost Pool by a block payment paid in 12 equal installments in lieu of paying new supply rates or Facilities Charges (FCs) from the New Supply Cost Pool. i. Seattle may update the percentage share of the costs in this cost pool allocated to Renton if Renton acquires additional retail distribution service area pursuant to Section II.B.2, or on January 1, 2022 and every 5 years thereafter during the term of this Contract. The basis for any adjustments to the percentage allocation will be based on the percentage of average annual flows of Renton’s retail customers over the 5 prior years as compared to the average annual flows of all retail customers of the Wholesale Customers and the Seattle Regional Distribution System over the same 5 years. 6. Allocation of Additional Cost Pools. At the time an additional cost pool is created by Seattle pursuant to Section IV.C.7, the additional cost pool will be allocated by customer or customer class. The parties will enter into a letter agreement for the limited purposes AGENDA ITEM # 7. a) Page 65 First Amended and Restated Contract for the Supply of Water City of Renton of documenting the allocation of an additional cost pool. IV.F. Elective Services 1. Elective Services. Seattle may provide certain elective services that are in addition to the services provided under this Contract to Water Utility upon request by Water Utility. Such services shall be negotiated and contracted for separately between Water Utility and Seattle or provided at then current standard charges, if applicable. Elective services may include: a. Transmission Wheeling. Seattle, at its sole discretion, may provide Water Utility access to excess transmission capacity, if any, for a fee and under any conditions it deems reasonable to protect the Seattle Regional Water Supply System for purposes of wheeling compatible water to or from Water Utility through the Seattle Regional Water Supply System. The Operating Board may review and recommend revisions to any policies or criteria Seattle may use to consider a request for wheeling services from a Wholesale Customer. b. Water Quality. So long as Seattle owns and operates a water quality lab, Water Utility may request the services of that lab based on its published rates for testing of samples for water quality monitoring that Water Utility performs. IV.G. Rate Setting, Adjustments and Special Charges 1. Wholesale Rate Setting. Seattle, in its sole discretion, shall determine the structure of FCs and wholesale water rates, except that the FCs or wholesale rates may not, without approval of the Operating Board, be set to collect more than the projected costs included in the cost pools as described in this Section IV. AGENDA ITEM # 7. a) Page 66 First Amended and Restated Contract for the Supply of Water City of Renton 2. Retail Rate Setting. Each party to this Contract shall have sole authority for establishing retail rates, connection charges and other fees and charges within its respective jurisdiction, including the manner of passing through or incorporating any wholesale rates and charges due under this Contract. 3. Wholesale Rate Adjustment. Seattle may adjust water service rates and FCs from time to time. Rate adjustments will be effective only within five years of the completion of a rate study consistent with Section IV.G.4 below and provided that Seattle transmits its final rate adjustment proposal to the Operating Board and Water Utility for final review at least 30 days before it transmits it to Seattle City Council for consideration. The Operating Board may review and recommend revisions to the final rate proposal. Seattle will provide a written explanation of any recommendations that are not accepted and forwarded to Seattle City Council. 4. Rate Study and Review Consultant. Seattle shall conduct a rate study in accordance with accepted industry standards and this Contract. Seattle shall provide Water Utility and the Operating Board 30 days’ advance written notice of its intent to conduct a rate study and shall make detailed information and progress reports during the course of the rate study available to Water Utility, other Wholesale Customers and the Operating Board for review and comment. Seattle shall select an independent rate consultant to review the rate study, including an independent review of the allocation of costs and revenues between cost pools. The Operating Board may review and recommend revisions to the scope of work for the rate consultant. Seattle shall cause a final rate consultant report to be made available to Water Utility and the Operating Board not less than 30 days before Seattle formally transmits any resulting rate adjustment proposal to the Operating Board. Unless otherwise AGENDA ITEM # 7. a) Page 67 First Amended and Restated Contract for the Supply of Water City of Renton approved by the Operating Board, Seattle shall conduct a cost-of-service rate study no less frequently than once every five years. 5. Special Charges. a. Demand Charge. i. Seattle, in its discretion, may adopt and implement a demand charge in accordance with the methodology described in Exhibit III. The demand charge consists of a calculation of Water Utility’s deficient storage, if any, and a Storage Deficiency Rate (i.e., dollars per 1000 gallons of deficient storage) that is based on an equivalent annualized cost of providing the deficient storage, and which shall be updated with each rate study. ii. Seattle shall be exempt from the demand charge until such time as metering devices are installed pursuant to Section III.E.2. iii. The costs and revenues from implementing the demand charge will be allocated to the Existing Regional System Cost Pool. The Operating Board may approve the allocation of these costs and revenues to the New Transmission Cost Pool in the future to offset other costs that may be allocated to the New Transmission Cost Pool in the future. iv. Seattle shall suspend the implementation of demand charges, if any, in the event of emergencies and unforeseen conditions. b. Emergency Surcharge. In the event of a drought, catastrophe, or other extraordinary condition that requires emergency expenditures to maintain sufficient and safe water supply or transmission capacity, or both, Seattle, through its City Council, may impose an emergency surcharge on all Wholesale AGENDA ITEM # 7. a) Page 68 First Amended and Restated Contract for the Supply of Water City of Renton Customers, including Seattle, in order to pay for emergency expenditures or maintain financial stability of the Seattle Regional Water Supply System, or both (“Emergency Surcharge”). The Operating Board may review and recommend revisions to any proposed Emergency Surcharge prior to submission to the Seattle City Council for consideration. Seattle shall provide a written explanation of any recommendations that are not accepted and forwarded to City Council. Revenues from an Emergency Surcharge will be applied to the appropriate cost pool that relates to the emergency situation giving rise to the Emergency Surcharge. For the avoidance of doubt, and for example only, an Emergency Surcharge issued in response to a drought would be applied to offset costs in the Existing Regional System Cost Pool and an Emergency Surcharge issued to pay for extensive transmission repair on New Transmission Facilities would offset costs in the New Transmission Cost Pool. If the emergency is not related to any particular cost pool, the Operating Board shall make the final determination as to which cost pool the revenues shall be applied. c. New Wholesale Customer Charge. Seattle will charge any new customer who signs a Full or Partial Requirements Contract after the Effective Date of this Contract and who has not previously contributed to the costs in the New Supply Cost Pool or the development of New Supply Facilities an appropriate charge for an equitable share of the New Supply Facilities. This charge may be satisfied by either paying FCs and new supply rates or arranging a special water supply rate in lieu of paying FCs. The revenue from this charge will be allocated to offset costs in the New Supply Cost Pool. AGENDA ITEM # 7. a) Page 69 First Amended and Restated Contract for the Supply of Water City of Renton 6. Transition. a. Initial Existing Regional System Running Balance Surplus. As part of the contract transition process, Seattle shall implement a one-time return of the lesser of the full amount of the Existing Regional System Cost Pool running balance surplus or $82M to Wholesale Customers in lump sum payments following completion of the updated contracts (either fully executed with mutual agreement or amended through the process identified in Section II.A.4(b)) with all Wholesale Customers. Water Utility will receive payment for its prorated portion of the amount above based on each Wholesale Customer’s demand since the balance last crossed zero within 60 days following the completion of the updated contracts (as defined above), even if such payments are made before the Effective Date of the Contract. b. Cost-of-Service Rate Study. Seattle agrees to begin performing a cost-of-service rate study no later than three months of the date on which all Wholesale Customer contracts are either fully executed pursuant to Section II.A.4.a or amended pursuant to Section II.A.4.b. c. Rebate Based on Alternate Utility Basis Cost. As a result of negotiations pursuant to Section II.A.4.a, an Alternate Utility Basis will be applied as described below to calculate an annual rebate to Wholesale Customers signing this First Amended and Restated Contract for the Supply of Water. Water Utility will be eligible for an annual rebate in the form of a credit on its bill for a portion of the difference between Utility Basis cost AGENDA ITEM # 7. a) Page 70 First Amended and Restated Contract for the Supply of Water City of Renton and the Alternate Utility Basis cost (for assets whose cost is calculated on a Utility Basis) as described below, if the Alternate Utility Basis results in a lower cost. This comparison will be conducted annually as part of the Wholesale Statement Review and the Water Utility’s portion will be based on Water Utility’s percentage of Wholesale Customer demand for each applicable Cost Pool in that year. i. Definitions. The following definitions will be used to calculate the Alternate Utility Basis cost: “Alternate Infrastructure Adder” – A certain percentage amount that is applied as a component of the Rate of Return on Investment to the Net Book Value of facilities recognized under the Utility Basis, which may be adjusted pursuant to Section IV.G.6.c.iii below. “Alternate Mixed-use Assets” – Capitalized facilities or assets that are shared between or used to support both the Seattle Retail Distribution System and the Seattle Regional Water Supply System. "Alternate Rate of Return on Investment" – Alternate Seattle’s Average Cost of Debt plus the Alternate Infrastructure Adder. “Alternate Seattle’s Average Cost of Debt” (“Alternate ACOD”) - The weighted average coupon interest rate on Seattle’s water system debt outstanding over the course of a calendar year with adjustments to recognize i) outstanding amortized premium or discount on water system debt; ii) gains/losses on water system bond refunding's; iii) issuance costs AGENDA ITEM # 7. a) Page 71 First Amended and Restated Contract for the Supply of Water City of Renton including third party costs paid by bond proceeds; iv) prepaid insurance costs; v) net interest expense on debt service reserves; and vi) any other appropriate ongoing debt costs, e.g. variable rate remarketing, ongoing credit rating agency monitoring fees, calculated at the end of each calendar year during the term of this Contract. ii. Under the Alternate Utility Basis, the infrastructure cost for a facility in any year shall be the sum of (i) the annual depreciation expense recorded for that facility and (ii) the product of the Net Book Value of that facility and the Alternate Rate of Return on Investment of that facility. a. Seattle, in its discretion, may consider interest costs as current infrastructure costs during the construction of a facility. However, any such interest costs must be considered contributions in aid of construction, and not included in the Net Book Value of the facility for purposes of recognizing infrastructure costs under the Utility Basis in future years. b. For ratemaking purposes and with the approval of the Operating Board, assets may be depreciated over a different time frame than that used by Seattle for financial reporting purposes in preparation of its audited Financial Statements. iii. Alternate Infrastructure Adder. The parties mutually agree to use an initial Alternate Infrastructure Adder of 1.40%, which Seattle will apply as a component of the Rate of Return on Investment, to the Net Book Value of facilities that are recognized under the Utility Basis. The parties agree the AGENDA ITEM # 7. a) Page 72 First Amended and Restated Contract for the Supply of Water City of Renton Alternate Infrastructure Adder provides a reasonable way to recover an allowance for 1) the regional portion of infrastructure costs of Mixed-use Assets; 2) the regional portion of mixed-use unrestricted cash assets; and 3) the equity or higher opportunity cost of cash financing Regional Facilities or the regional portion of Mixed-use Assets. The parties agree that Seattle may adjust the Alternate Infrastructure Adder that is applied to facilities recognized under the Alternate Utility Basis from time to time as follows: a. In order to maintain an equitable allocation of costs through the allowance, Seattle may increase or decrease the then current Alternate Infrastructure Adder annually by 0.12% for every 1.00% increase or decrease to Seattle’s Alternative ACOD, or portion thereof, as the case may be, e.g. if Seattle’s Alternative ACOD increases from 4.08% to 5.08%, the Infrastructure Adder would increase from 1.40% to 1.52%. b. In the event the Operating Board determines to use the Cash Basis to recognize costs for a Regional or Subregional Facility, Seattle may adjust the then current Alternate Infrastructure Adder by multiplying it by an amount equal to the sum of the then current NBV of Regional and Subregional Facilities recognized under the Alternate Utility Basis plus the current NBV of such Facilities recognized under the Cash Basis, divided by the then current NBV of Regional and Subregional Facilities recognized under the Alternative Utility Basis only. AGENDA ITEM # 7. a) Page 73 First Amended and Restated Contract for the Supply of Water City of Renton IV.H. Cost Review and Truing Actual Costs and Actual Revenues 1. Wholesale Statement Review. At the end of each fiscal year, Seattle shall cause an independent review of its statement of actual costs and revenues received allocated to each cost pool (“Wholesale Statements”). Seattle will select an independent accountant, which may be Seattle’s independent auditor for its audited financial statements., a. Scope of Review. The procedures for the annual review shall be set by the Operating Board and shall include, at a minimum: (i) a comparison of the actual costs and revenues received to Seattle’s accounting records, (ii) a comparison of the procedures used by Seattle to allocate costs and revenues to each cost pool to those procedures and requirements specified in this Contract, (iii) in years where the Mixed-use Multiplier is adjusted, the accuracy of the adjustment calculation, and (iv) identification of any corrective actions necessary. The scope of review may include additional elements identified by the independent accountant, as well as procedures at Seattle’s discretion together with any reasonable requests of the Operating Board. b. Operating Board and Water Utility Review of Report of Independent Accountant. Seattle will cause the independent accountant to present a copy of the review report to the Operating Board and Water Utility. c. Operating Board and Water Utility Right to Review. The Operating Board, or Water Utility at its sole expense, may select its own independent accountant to review the Wholesale Statements including the Mixed-use Multiplier under separate agreed-upon procedures at their discretion. Subject to Seattle’s reasonable requests for security and confidentiality procedures and agreement to AGENDA ITEM # 7. a) Page 74 First Amended and Restated Contract for the Supply of Water City of Renton the same, an independent accountant retained by Water Utility, may at any time upon prior reasonable notice to Seattle and in coordination with Seattle’s reasonable scheduling ability, during normal business hours, review the books, records and accounts of Seattle to the extent that such books, records and accounts are directly used in the production of the Wholesale Statements or other allocations, charges or payments under this Contract. Seattle shall maintain all such books, records and accounts. Independent accountant’s access shall include the right to make copies and discuss the books and records with Seattle’s personnel having knowledge of the facilities, systems, processes and document contents. Water Utility’s right to review shall survive the expiration or termination of this Contract for a period of three (3) years. If an inspection or examination pursuant to this section discloses overpricing or overcharges by Seattle in excess of one percent (1%) of the appropriate amount due, in addition to making adjustments for the overcharges, the reasonable actual cost of Water Utility’s review shall be reimbursed to Water Utility by Seattle, and the costs will be included in the Existing Regional Cost Pool. Any adjustments which must be made as a result of any such review shall be reflected in the Wholesale Statements. 2. Truing Actual Costs and Actual Revenues. Seattle shall reconcile the projected costs and revenue targets for the various cost pools and the actual expenses and revenues received during each year of this Contract as follows: a. Running Balances. For each cost pool, Seattle shall maintain a running balance of the surplus or deficit of actual rate revenues collected from each class of AGENDA ITEM # 7. a) Page 75 First Amended and Restated Contract for the Supply of Water City of Renton customers less actual expenses incurred, except that Seattle shall maintain separate running balances for FC revenues pursuant to Section IV.H.2.c below. Each running balance shall earn simple interest at Seattle’s Cash Pool Rate. At the end of each fiscal year, Seattle shall adjust each balance to reflect the operating results of that year. The year-end statement of these balances shall be reviewed as described in Section IV.H.1 above. b. Running Balance Deficits. Seattle shall design rates to eliminate any deficit in the cost pool running balances, except as provided herein. c. Running Balance Surpluses. i. Running Balance Surplus at True Up. Annually, after presentation of the Wholesale Statements to the Operating Board, the Board shall decide the portions of any surplus to be a) returned to the Wholesale Customers as a credit on their bill in the following year, with the balance prorated to each Wholesale Customer based on each Wholesale Customer’s demand since the balance last crossed zero, b) redeemed as a capital contribution towards specific assets assigned to the applicable Cost Pool, and/or c) retained for rate smoothing purposes as determined by the Operating Board based on the review of the most recent rate study following the process in Section IV.H.2.iii below. The Operating Board may select one or any combination of these options for implementation. When returned as a credit on the bill or redeemed as a capital contribution, the surplus balance shall be reduced by those amounts. AGENDA ITEM # 7. a) Page 76 First Amended and Restated Contract for the Supply of Water City of Renton ii. Running Balance Surplus at Contract Transition. The running surplus balance existing as of December 31, 2024 shall be fully or partially returned as provided in Section IV.G.6, Contract Transition. iii. Running Balance Surplus at Rate Study. During each rate study, the Operating Board shall decide the portion of the surplus, up to an amount not to exceed 30 percent of the annual projected costs in the relevant cost pool for the first year of the rate study, to retain for future rate smoothing purposes. Seattle shall design rates to eliminate any surpluses above this amount in the cost pool running balances. d. FC Running Balances. Seattle shall maintain separate running balances within the New Supply and New Transmission Cost Pools, as appropriate, of the surplus or deficit balances of actual FC revenues received in any year over the facility’s annual utility or cash basis costs to be recovered through FCs for that year. Running surplus FC balances shall earn simple interest at Seattle’s Cash Pool Rate. For any year with a running FC deficit balance, Seattle shall transfer an amount from the running balance of rate revenues in the New Supply or New Transmission Cost Pool, as the case may be, to eliminate the FC deficit balance for that year even if it results in a deficit running balance in rates. FC surplus balances in any subsequent year shall be transferred back to the running balance in the New Supply or New Transmission Cost Pools until the amount transferred to eliminate the prior deficit FC balance is repaid. Any remaining surplus FC balances, if any, may upon Operating Board approval, be transferred to the running balances of rate revenues in the New AGENDA ITEM # 7. a) Page 77 First Amended and Restated Contract for the Supply of Water City of Renton Supply or New Transmission cost pools for rate smoothing purposes. Otherwise, they shall be retained as a surplus FC balance in an amount up to two times the Net Book Value of the Regional Facilities whose infrastructure costs are being recovered by FCs. Any surplus FC balance that exceeds two times the Net Book Value of those facilities shall be transferred to the running balance for the New Supply or New Transmission Cost Pools, as appropriate, (and the FC surplus balance shall be reduced by the amount transferred). This transfer is permanent and not repaid. ERU Charges are based on Section IV.D.2.c and shall not be adjusted to reflect surpluses or deficits in FC balances. SECTION V. OPERATING BOARD 1. Purpose. The purpose of the Operating Board is to provide advice and direction in certain areas of limited authority over policy, financial and operational matters as they affect the Seattle Regional Water Supply System. The representatives of the Operating Board shall, to the best of their ability, act in the best interests of the Seattle Regional Water Supply System as a whole, not for the benefit of a group of Wholesale Customers or an individual Wholesale Customer. Therefore, only Wholesale Customers that have agreed to automatic extensions of this Contract, committed to purchase their Full or Partial Requirements as set out on Exhibit I, and agreed to the limitations on purchase reductions contained in Section II.B.5, are eligible to have their representative voted onto the Operating Board. 2. Structure and Authority. The Operating Board shall have only the roles and limited authorities as specifically and explicitly set forth in specific provisions of this Contract. AGENDA ITEM # 7. a) Page 78 First Amended and Restated Contract for the Supply of Water City of Renton The Operating Board shall have the structure described in Exhibit IV. 3. Review. The parties may review the structure and roles and limited authorities of the Operating Board as of January 1, 2027 and every five years thereafter to determine its effectiveness in addressing regional and contractual issues. The review may address the composition of the Board and its roles and limited authorities as set forth in the Contract and Exhibit IV. Any Wholesale Customer, including Water Utility, or Seattle may initiate the review. The initiating party shall provide all Wholesale Customers and Seattle, as the case may be, with its proposals. Water Utility and Seattle agree to consider each other’s and any other Wholesale Customer's comments and proposals and to respond in writing stating its reasons for rejecting any proposals and the reasons for its own counter proposal. Notwithstanding any other provisions in this Contract, any changes to the Operating Board structure shall be made through an Amendment to the Operating Board Bylaws; provided that any such changes shall be subject to the restrictions and limitations contained in this Contract. SECTION VI. PLANNING VI.A. Reporting of Planning Data 1. By no later than March 1 of each year, Water Utility shall report to Seattle and the Operating Board the following data for the previous calendar year as follows, except as otherwise provided in Section VI.A.4 below: a. The amount of water produced each month from its Independent Supplies, listed by source. b. The amount of water purchased each month from any other water utilities, listed by other utility name and whether Emergency or Purchased Supply. AGENDA ITEM # 7. a) Page 79 First Amended and Restated Contract for the Supply of Water City of Renton c. The amount of water sold each month to any other water utilities, listed by other utility name and whether Emergency or Resale Supply. d. The amount of water wheeled through Water Utility’s distribution system each month, listed by both utility names that deliver water to and receive water from Water Utility. e. The amount of water sold to retail and wholesale customers, by customer class and by month. f. The number of accounts billed, by customer class and month. g. Other data reasonably necessary to track, report and plan for the metrics used for the regional WUE Goal, upon Seattle’s request. 2. Water Utility shall report other data as may be reasonably requested by Seattle for water planning purposes or as may be required by amendments to applicable regulations from time to time, except as otherwise provided in Section VI.A.4 below. This data may include, but not be limited to: a. Water Utility’s forecasts of the amount of water to be used by Water Utility from Alternate Supplies. Forecasts will reflect best judgement of Water Utility and be consistent with industry standards. b. Water Utility’s forecasts of annual growth in the number of meters installed by Water Utility by the size of the meter as necessary for establishing Facility Charges pursuant to Section IV.D.2.c. c. Water Utility’s rates and charges, including background information such as rate studies. d. Water Utility’s maps, land use and growth projections, and geographical AGENDA ITEM # 7. a) Page 80 First Amended and Restated Contract for the Supply of Water City of Renton information system (“GIS”) layers of current and future retail service areas of Water Utility, provided that Water Utility shall be permitted to withhold information or records which Water Utility reasonably believes the release of such information and records presents a security risk associated with Water Utility’s facilities, infrastructure and operations. 3. Records relevant to water supply and consumption within the possession of Seattle or Water Utility shall be provided to the other upon reasonable request. 4. Water Utility shall not be required to provide records, including related information or data, that are exempt from disclosure under the Public Records Act, Chapter 42.56 RCW, or other applicable federal and state laws. VI.B. Submittal of Water Utility Water System Plans Water Utility shall provide a copy of its proposed water system plan, including any amendments, to Seattle for review and comment before adoption by its legislative body, and a copy of its final approved water system plan or amendments. VI.C. Seattle as Water Planning Agency 1. Seattle shall be the lead agency and primary planning authority for the purposes of fulfilling its obligations to provide for the Full or Partial Water Requirements of Water Utility, as appropriate. 2. Seattle, in consultation with the Operating Board, shall examine and investigate water supplies suitable and adequate to meet the present and reasonable future needs of Seattle and the Wholesale Customers. 3. Seattle, in consultation with the Operating Board, shall prepare and adopt a plan for acquiring new, high quality water supplies in a timely and cost-effective manner. The AGENDA ITEM # 7. a) Page 81 First Amended and Restated Contract for the Supply of Water City of Renton plan shall provide for the lands, waters, water rights and easements necessary therefor, and facilities for retaining, storing and delivering such waters, including dams, reservoirs, aqueducts and pipelines to convey same throughout the Seattle Regional Water Supply System. In preparing or adopting the plan, Seattle shall consider as possible alternatives or additional water supply sources, the acquisition of water from sources controlled or developed by individual water utilities, legally constituted groups of water utilities or utilities which are not presently supplied by the Seattle Regional Water Supply System. Seattle has final responsibility for the plan and for fulfilling the obligations of this Contract. However, the Operating Board may participate in developing the plan by proposing goals and objectives for the Seattle Regional Water Supply System, by making any additional suggestions and by acting in a review capacity. If Water Utility opts out of an Extension pursuant to Section II.A.3, Seattle shall begin planning for Water Utility to stop purchasing water from Seattle at the expiration of its Contract Term. VI.D. Capital Improvement Plan 1. To fulfill the requirements of this Contract, Seattle shall make improvements to the Seattle Regional Water Supply System based on a Capital Improvement Plan adopted by the Seattle City Council. The projects and programs in the Capital Improvement Plan will include those that meet operational, regulatory, or contractual requirements, provide for growth, improve reliability and resiliency, and are cost-effective. Prior to submission of the proposed Capital Improvement Plan to the Seattle City Council for approval, Seattle shall provide the Operating Board a reasonable and meaningful opportunity to review and recommend revisions to the relevant portions of the proposed Capital Improvement Plan that affect the Seattle Regional Water Supply System. Seattle shall give serious AGENDA ITEM # 7. a) Page 82 First Amended and Restated Contract for the Supply of Water City of Renton consideration to the recommendations of the Operating Board. Seattle will transmit the final adopted Capital Improvement Plan to the Operating Board and Water Utility within 30 days of adoption. Seattle shall provide periodic updates of major projects and programs affecting the Seattle Regional Water Supply System upon request of the Operating Board. Seattle shall also review and respond to concerns expressed by the Operating Board or any Wholesale Customer regarding the scheduling of or delays in completing projects included in Seattle’s Capital Improvement Plan or questions about the budgets or actual costs incurred on projects included in Seattle’s Capital Improvement Plan. Seattle shall, upon request, provide opportunities for the Operating Board, or a designee of the Operating Board, to participate in options analysis, design review or value engineering for relevant projects or programs that substantially affect the Seattle Regional Water Supply System or Wholesale Customers. 2. The Operating Board may approve the allocation to a cost pool in Section IV.C of reasonable costs for capital improvements that serve or benefit an individual Wholesale Customer, including Water Utility, that are reasonably necessary to alleviate a disproportionate adverse impact to the retail distribution system(s) of Water Utility or another Wholesale Customer, to the extent it is caused by a capital project in the Capital Improvement Plan for the Seattle Regional Water Supply System. Water Utility, or another Wholesale Customer may request consideration of this provision, and the Operating Board will make a determination of whether 1) there is a disproportionate adverse impact and either (i) such disproportional adverse impact could have been reasonably avoided through a different project design in the Capital Improvement Plan, or (ii) the other Wholesale Customers, including the Seattle Retail Distribution System, AGENDA ITEM # 7. a) Page 83 First Amended and Restated Contract for the Supply of Water City of Renton receive tangible benefits, directly or indirectly, from the project in the Capital Improvement Plan; 2) the proportion of capital costs to include, if any; and 3) the cost pool the costs would be allocated to, if any. Water Utility and Seattle will enter into a separate agreement consistent with this section if the Operating Board determines this provision applies to Water Utility and the costs will be allocated to the cost pool identified by the Operating Board. SECTION VII. PAYMENT VII.A. Collection of Money Due City 1. Seattle shall bill Water Utility on a monthly basis for all charges due under this Contract unless the Contract expressly provides otherwise, in which case Water Utility will submit payment according to the Contract. Water Utility shall pay all charges within 60 days of the invoice or billing date or, if another provision is applicable, when due. 2. For those charges that are not monthly commodity charges or Facilities Charges, Water Utility and Seattle may mutually agree by letter agreement to a reasonable monthly payment plan and any outstanding balance shall be charged interest at Seattle’s Cash Pool Rate until paid in full. VII.B. Penalties for Late Payment All late payments, and any refund of an amount in dispute that was paid under protest, shall accrue interest at 1% per month. VII.C. Billing Disputes 1. Water Utility may dispute the accuracy of any portion of charges billed by Seattle by notifying Seattle in writing within the 60-day payment period of the specific nature of the dispute and paying the undisputed portion of the charges. This provision is not intended AGENDA ITEM # 7. a) Page 84 First Amended and Restated Contract for the Supply of Water City of Renton to limit Water Utility’s right to dispute billing errors or charges that are not reasonably discoverable by Water Utility within the 60-day payment period. 2. Seattle shall consider and decide any billing dispute in a reasonable and timely manner. Any billing disputes that remain after such consideration shall be reconciled pursuant to the dispute resolution procedures of this Contract. VII.D. Availability of Records Upon request with reasonable notice, Water Utility or Seattle shall make any public records that support the charges or payments under this Contract available to the other party for inspection and copying during normal business hours. SECTION VIII. CONTRACT AMENDMENTS Seattle shall notify Water Utility and all other holders of Full or Partial Requirements Contracts of any amendments to such contracts within 30 days of the execution of such amendment. Water Utility shall then have 90 days to decide whether to include such amendment in this Contract by giving written notice to Seattle of its election to do so. Upon the issuance of such notice, Seattle shall issue the amendment to Water Utility and the amendment shall be final and binding upon both parties upon mutual execution. SECTION IX. DISPUTE RESOLUTION Dispute resolution shall proceed as follows: IX.A. Operating Board Review Any dispute regarding this Contract that remains unresolved after good faith negotiations between Water Utility and Seattle shall be referred to the Operating Board for consideration and recommendation. Each party shall submit a written statement regarding the dispute to the AGENDA ITEM # 7. a) Page 85 First Amended and Restated Contract for the Supply of Water City of Renton Operating Board. 1. If the dispute cannot be resolved in discussions with the Operating Board, then the Operating Board shall provide written recommendations to each party within 60 days of receiving the written statements, which shall include any applicable findings or interpretations of the applicable facts or contract provisions. 2. If either party rejects the written recommendation of the Operating Board, that party shall, within 10 days, notify the other party in writing of its reasons. IX.B. Seattle Mayor Review If the dispute remains unresolved, the written statements of the parties, the recommendations of the Operating Board, if applicable, and the written reasons for either party’s rejection of those recommendations shall then be submitted to the Seattle Mayor for review. 1. Within 60 days of the submittal of the written materials, the Seattle Mayor shall provide written recommendations to resolve the dispute. 2. If either party rejects the written recommendation of the Seattle Mayor, that party shall, within 10 days, notify the other party in writing of its reasons. IX.C. Mediation Within 10 days of receiving the written rejection of the Seattle Mayor’s recommendations by one or both parties, each party shall designate in writing not more than 5 candidates it proposes to act as an impartial mediator. 1. If the parties cannot agree on one of the mediators from the combined list within 5 days, the Operating Board shall, within an additional 5 days, select one of the mediators from either list to serve as mediator. 2. Upon selection of the mediator, the parties shall use reasonable efforts to resolve the AGENDA ITEM # 7. a) Page 86 First Amended and Restated Contract for the Supply of Water City of Renton dispute within 30 days, or other mutually agreed timeframe, with the assistance of the mediator. IX.D. Resort to Litigation or Arbitration If mediation fails to resolve the dispute within 30 days, or the other mutually agreed timeframe, of selection of the mediator, the parties may thereafter seek redress in court subject to Section X.G. below. Alternatively, the parties may mutually agree to resolve any disputes through arbitration using a single arbitrator acceptable to parties. Nothing in this provision shall be construed to require arbitration without the mutual agreement of the parties. IX.E. Efficiency of Review In order to facilitate a more efficient review of disputes under this Section, the parties may agree to skip the step in Section IX.A above in order to avoid a redundant act. The parties may also mutually agree to skip the step in Section IX.C, if it is in the best interests of the parties in resolving the dispute. SECTION X. MISCELLANEOUS X.A. Notification 1. Whenever written notice is required by this Contract, that notice shall be given to the following representatives, or their designees, by email with receipt requested, actual delivery or by the United States mail (registered or certified with return receipt requested), addressed to the respective party at the following addresses or a different address hereafter designated in writing by the party: AGENDA ITEM # 7. a) Page 87 First Amended and Restated Contract for the Supply of Water City of Renton The date of giving such notice shall be deemed to be the email date or postmarked date of mailing. 2. Seattle’s Wholesale Contracts Manager will be the initial point of contact for all other issues arising under the Contract. X.B. Severability The purpose of this Contract is to provide for long-term water supply planning and certainty for both Seattle and Water Utility through adoption of orderly plans calling for the expenditure of significant sums of money for the Seattle Regional Water Supply System. It is the intent of the parties that if any provision of this Contract or its application is held by a court of competent jurisdiction to be illegal, invalid, or void, the validity of the remaining provisions of this Contract or its application to other entities, or circumstances shall not be affected. The remaining provisions shall continue in full force and effect, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular invalid provision; provided, however, if the invalid provision or its application is found by a court of competent SEATTLE: WATER UTILITY: General Manager Public Works Director City of Renton 1055 S Grady Way Renton, WA 98057 Seattle Public Utilities Seattle Municipal Tower PO Box 34018 700 Fifth Ave, Suite 4900 Seattle, WA 98124-4018 AGENDA ITEM # 7. a) Page 88 First Amended and Restated Contract for the Supply of Water City of Renton jurisdiction to be substantive and to render performance of the remaining provisions unworkable and non-feasible, is found to seriously affect the consideration and is inseparably connected to the remainder of the Contract, the entire Contract shall be null and void. X.C. Consent Whenever it is provided in this Contract that the prior written consent or approval of either party is required as a condition precedent to any actions, in each such instance said consent or approval shall not be unreasonably withheld, and in each such instance where prior consent is sought, failure of the party to respond in writing within 90 days of the request shall be deemed as that party's consent or approval unless expressly stated herein. This provision does not apply to requests for amendments of this Contract. X.D. Emergency Situations Nothing in this Contract shall be deemed to preclude either party from taking necessary action to maintain or restore water supply in emergency situations and such action shall not be deemed a violation of this Contract. X.E. No Joint Venture - Individual Liability This is not an agreement of joint venture or partnership, and no provision of this Contract shall be construed so as to make Water Utility individually or collectively a partner or joint venturer with any other Wholesale Customer or with Seattle. Neither party is an agent of the other. Neither Seattle nor Water Utility shall be liable for the acts of the other in any representative capacity whatsoever. X.F. Complete Agreement This Contract represents the entire agreement between the parties hereto concerning the subject matter hereof. This Contract may not be amended except as provided herein. AGENDA ITEM # 7. a) Page 89 First Amended and Restated Contract for the Supply of Water City of Renton X.G. Venue, Jurisdiction and Specific Performance In the event of litigation between the parties, venue and jurisdiction shall lie with the King County Superior Court of the State of Washington. The parties shall be entitled to specific performance of the terms hereof. X.H. Default and Non-Waiver In the event of default of any provision of the Contract, the non-defaulting party shall issue written notice to the other party setting forth the nature of the default. If the default is for a monetary payment due hereunder, the defaulting party shall have thirty (30) days to cure the default. In the event of other defaults, the defaulting party shall use its best efforts to cure the default within ninety (90) days. If such default cannot be reasonably cured within such ninety (90) day period, the defaulting party shall, upon written request prior to the expiration of the ninety (90) day period, be granted an additional sixty (60) days to cure the default. Any waiver of the breach or default of any provision, term or condition of this Contract shall not be deemed to be a waiver of any preceding or succeeding breach or default of the same or any other provision, term or condition. X.I. Force Majeure The time periods for the parties’ performance under any provisions of this Contract shall be extended for a reasonable period of time during which a party’s performance is prevented, in good faith, due to circumstances beyond the party’s control such as fire, flood, earthquake, lockouts, strikes, embargoes, pandemics, acts of God, war and civil disobedience. If this provision is invoked, the parties agree to immediately take all reasonable steps to alleviate, cure, minimize or avoid the cause preventing such performance, at their sole expense. AGENDA ITEM # 7. a) Page 90 First Amended and Restated Contract for the Supply of Water City of Renton X.J. Successors This Contract shall inure to the benefit of and be binding upon the parties and their successors and assigns. X.K. Exhibits Exhibits I through IX are attached hereto and incorporated herein. To the extent this Contract authorizes the parties to amend a specific exhibit by letter agreement, such amended exhibit will become attached and incorporated herein upon the effective date of the letter agreement. AGENDA ITEM # 7. a) Page 91 First Amended and Restated Contract for the Supply of Water City of Renton SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereby execute this Contract. THE CITY OF RENTON BY: TITLE: _ DATE AUTHORIZING LEGISLATION: ORDINANCE/RESOLUTION THE CITY OF SEATTLE BY: General Manager, Seattle Public Utilities DATE: AUTHORIZING LEGISLATION: ORDINANCE No. AGENDA ITEM # 7. a) Page 92 First Amended and Restated Contract for the Supply of Water City of Renton LIST OF EXHIBITS I. Purchase Commitment & Emergency, Independent and Purchased Supplies II. Service Connections, Minimum Hydraulic Gradients, and Flow Rates of Water Supplied III. Demand Charge Methodology IV. Operating Board Structure V. Facilities Charges VI. Regional Facilities VII. Subregional Facilities VIII. Index O&M Cost Categories IX. Stranded and Avoided Costs AGENDA ITEM # 7. a) Page 93 First Amended and Restated Contract for the Supply of Water City of Renton EXHIBIT I PURCHASE COMMITMENT & EMERGENCY, INDEPENDENT AND PURCHASED SUPPLIES City of Renton’s Purchase Commitment is its Partial Water Requirements. City of Renton is served by the Renton Subregion City of Renton represents that it has access to the following Alternate Supplies: I. EMERGENCY SUPPLIES A. Purchased Supplies/Interties: WATER UTILITY LOCATION OF INTERTIE METER SIZE CAPACITY TYPE OF SERVICE AGREEMENT DATE WATER SUPPLY To / From Coal Creek Utility District 2610 Lynnwood Ave NE 8” 1,250 gpm One-way Emergency 2013 CAG-193-01 From Renton to Coal Creek City of Tukwila (PRV 23) 17300 W Valley Hwy S 8” 1,875 gpm Two-way Emergency 1995 CAG-95-034 Both Directions City of Kent (PRV 25) SE 43rd St & Lind Ave SW 10” 1,950 gpm Two-way Emergency 1995 CAG-95-071 Both Directions Skyway Water & Sewer District 12603 82nd Ave S 12” 1,250 gpm One-way Emergency 2011 CAG-11-187 From Skyway to Renton City of Seattle 2000 Kirkland Ave SE 8” 1,400 gpm One-way Emergency 2002 CAG-11-188 From Renton to Seattle City of Seattle Union Ave SE & SE 2nd Pl 10” 2,400 gpm One-way Emergency 2002 CAG-11-188 From Renton to Seattle Water District 90 SR-900 & 144th Ave SE None 1,250 gpm One-way Emergency 2014 CAG-14-129 From Renton to WD 90 AG E N D A I T E M # 7 . a ) Page 94 First Amended and Restated Contract for the Supply of Water City of Renton B. Independent Supplies/Wells (No Facilities Charge Allowance): SOURCE NAME LOCATION CATEGORY (GW / SW*) PERMIT or CLAIM # AMOUNT OF WATER RIGHT AVERAGE ANNUAL PRODUTION II. INDEPENDENT SUPPLIES (Continuous Use) SOURCE NAME LOCATION CATEGORY (GW / SW) PERMIT or CLAIM # AMOUNT OF WATER RIGHT AVERAGE ANNUAL PRODUTION FACILITY CHARGE ALLOWANCE Infiltration Gallery (Springbrook Spring) GW GI-20605-C 1,680-acre feet/yr 1,050 gpm NA RW-1 GW GWC-886-D 1,676-acre feet/yr 1,040 gpm NA RW-1 GW GWC-5838-A 1,536-acre feet/yr 960 gpm NA RW-2 GW GWC-887-D 838-acre-feet/yr 1,404 gpm NA RW-3 GW GWC-5835-A 2,560-acre feet/yr 1,600 gpm NA RW-1,2,3 GW GWC 5836-A 3,136-acre feet/yr 1,960 gpm NA PW-8 GW GWC 6775-A 4,839 acre feet/yr 3,000 gpm NA PW-8 GW GWC 6776-A 800-acre feet/yr 500 gpm NA AG E N D A I T E M # 7 . a ) Page 95 First Amended and Restated Contract for the Supply of Water City of Renton SOURCE NAME LOCATION CATEGORY (GW / SW) PERMIT or CLAIM # AMOUNT OF WATER RIGHT AVERAGE ANNUAL PRODUTION FACILITY CHARGE ALLOWANCE PW-9 GW GI-24191-C 1,040-acre feet/yr 1,300 gpm NA PW-5A GW GWC-3591-A 2,000-acre feet/yr 1,300 gpm NA PW-5A GW GWC-5834-A 320-acre feet/year 200 gpm NA Springbrook Creek SW G1-20605-P 1,680-acre feet/yr 1,050 gpm NA PW-11 GW GI-24781-P 1,792-acre feet/yr 1,600 gpm NA PW-11 GW GI-25396-P 1,008-acre feet/yr 900 gpm NA PW-12 GW GI-24782-P 1,792-acre feet/yr 1,600 gpm NA PW-17 GW GI-25397-P 1,680-acre feet/yr 1,500 gpm NA TOTAL 14,809.5 acre feet/yr**** 15,152.3 gpm***** **** Total annual withdrawal from all sources and water rights shall not exceed 14,809 acre-feet per Department of Ecology’s permit conditions ***** Total instantaneous flow rates from all certificated water rights is 15,152 gpm 1. Water Utility shall use its best efforts to maintain and operate the Independent Supplies listed above, if any, in order t o maintain the listed average annual production for each Independent Supply. 2. Water Utility shall provide written notice to Seattle within thirty days of determining that it is not possible or not cost effective to maintain and operate an Independent Supply at its listed average annual production. Such written notice shall descri be the new level of average annual production expected for Independent Supply. Seattle may decrease the FC Allowance under Section IV.D.2.c. The parties will revise this Section II of Exhibit I by letter AG E N D A I T E M # 7 . a ) Page 96 First Amended and Restated Contract for the Supply of Water City of Renton agreement to reflect the new average annual production or decreased FC Allowance. 3. Water Utility shall use its best efforts to cure any temporary interruption of water supply from an Independent Supply. Water Utility shall provide oral notice to Seattle of any interruption lasting longer than 1 week and the expected additional demand for water deliveries from Seattle resulting from the interruption. Water Utility shall use its best efforts to minimize the impact of an interruption of an Independent Supply on the Seattle Regional Water Supply System by utilizing its other Independent Supplies, if any, unaffected by the interruption within their operating and maintenance constraints. 4. It is the intent of the parties that the listed average annual production fairly represents the average annual production of the Independent Supplies. In the event that, over a 5 year period, (i) the actual average annual production, as may be adjusted to reflect a reasonably unforeseeable interruption in the Independent Supplies that lasts a substantial amount of time and is cured within a reasonable time, is consistently less than represented, and (ii) the annual deliveries of water to Water Utility by Seattle are consistently increasing, the listed average annual production shall be revised by letter agreement to reflect the reduction. Seattle may also decrease the FC Allowance under Section IV.D.2.c, which decrease shall also be revised in the letter agreement. 5. Water Utility shall provide Seattle with six months’ written notice before placing any new or improved Independent Supply into production and the parties will revise this Section II of Exhibit I to reflect the new or improved Independent Supply and new or increased average annual production capacity. This condition is independent of and in addition to any other applicable provisions in the Contract relating to adding a new or improved Independent Supply (e.g. Sections II.B.5, reducing Purchase Commitment and II.D.9, Water Quality provisions for introducing new Alternate Supply). 6. Water Utility shall maintain records of the monthly production of each Independent Supply in a manner consistent with indu stry standards. III. PURCHASED SUPPLIES (Continuous Use) NAME LOCATION METER SIZE AMOUNT CONDITIONS ON USE DATE RECEIVED REQUEST EFFECTIVE DATE EXPIRATION DATE FACILITIES CHARGE ALLOWANCE 1. Water Utility shall use its best efforts to maintain use of Purchased Supplies listed above, if any, in order to maintain the listed average annual production for each Purchased Supply. 2. Water Utility shall provide written notice to Seattle within thirty days of determining that it is not possible or not cos t effective to maintain use of Purchased Supply at its listed average annual production. Such written notice shall describe the new level of average annual production expected for Purchased Supply. Seattle may decrease the FC Allowance under Section IV.D.2.c. The parties will revise this Section III of Exhibit I by letter agreement to reflect the new average annual production or decreased FC Allowance. AG E N D A I T E M # 7 . a ) Page 97 First Amended and Restated Contract for the Supply of Water City of Renton 3. Water Utility shall use its best efforts to cure any temporary interruption of water supply from a Purchased Supply. Water Utility shall provide oral notice to Seattle of any interruption lasting longer than 1 week and the expected additional demand for water deliveries from Seattle resulting from the interruption. Water Utility shall use its best efforts to minimize the impact of an interruption of a Purchased Supply on the Seattle Regional Water Supply System by utilizing its other Purchased Supply Sources unaffected by the interruption within their operating and maintenance constraints. 4. It is the intent of the parties that the listed amount fairly represents the average annual amount of the Purchased Suppli es. In the event that, over a 5 year period, (i) the actual average annual amount, as may be adjusted to reflect a reasonably unforeseeable interruption in the Purchased Supplies that lasts a substantial amount of time and is cured within a reasonable time, is consistently less than represented , and (ii) the annual deliveries of water to Water Utility by Seattle are consistently increasing, the listed average annual production shall be revised by letter agreement to reflect the reduction. Seattle may also decrease the FC Allowance under Section IV.D.2.c, which decrease shall also be revised in the letter agreement. 5. Water Utility shall provide Seattle with six months’ written notice before placing any new or improved Purchased Supply in to production and the parties will revise this Section III of Exhibit I to reflect the new or improved Purchased Supply and new or increased amount. This condition is independent of and in addition to any other applicable provisions in the Contract relating to adding a new or improved Purcha sed Supply (e.g. Sections II.B.5, reducing Purchase Commitment and II.D.9, Water Quality provisions for introducing new Alternate Supply). 6. Water Utility shall maintain records of the monthly amount of each Purchased Supply in a manner consistent with industry standards. IV. REDUCTONS IN PURCHASE COMMITMENTS – STRANDED COST NAME REDUCTION NOTICE RECEIVED AMOUNT OF REDUCTION AUTOMATICALLY ALLOWED REDUCTIONS IN II.B.5.d.viii REDUCTION NOTICES RECEIVED AFTER EFFECTIVE DATE STRANDED COST AG E N D A I T E M # 7 . a ) Page 98 First Amended and Restated Contract for the Supply of Water City of Renton V. APPROVED RESALE OF SEATTLE WATER NAME LOCATION METER SIZE AMOUNT CONDITIONS ON USE EFFECTIVE DATE EXPIRATION DATE Skyway Water and Sewer District (formally Bryn Mawr/Lakeridge Water and Sewer District) 80th Ave S & S 126th St 10” 1,950 gpm Wholesale water to Skyway 1993 CAG-93-097 Effective until terminated by parties VI. WATER SUPPLY CONTRACTS OR AGREEMENTS WITH OTHER WATER UTILITIES • CAG-93-097 – Agreement with BrynMawr/Lakeridge Water and Sewer District, now known as Skyway Water & Sewer District for Water Supply and Joint Storage and Transmission facilities. This agreement dated January 1, 1993, is for the financing and cost -sharing between the City and the District for the design, construction, operation, maintenance and joint-use of the City’s West Hill 1.3 MG reservoir and transmission mains. The agreement also provides for the wholesale of water from the City to the District. The City supplied the District an average of 0.15MGD over the past six years through a signal 10-inch metered connection. The agreement was effective on January 1993 and shall remain effective until it is terminated by agreement of the parties. • CAG 02-123 – Agreement for the sale of water in an emergency by the City of Renton to the City of Seattle, dated November 30, 2002. • CAG 95-034 – Agreement for the sale of water in an emergency by the City of Renton and the City of Tukwila, dated March 21, 1995. • CAG 95-071 – Agreement for the sale of water in an emergency by the City of Renton and the City of Kent, dated May 15, 1995. • 2011 Agreement - Agreement for the sale of water in an emergency by the City of Renton and Skyway Water and Sewer District. This agreement was signed by both agencies on October 10, 2011. The emergency intertie was constructed in 2006 and is currently operational. • 2011 Agreement – for the sale of water in an emergency by the City of Renton and Coal Creek Utility District. This agreement was signed by both agencies on February 25, 2013. The emergency intertie was constructed in 2009 and is currently operational. AG E N D A I T E M # 7 . a ) Page 99 First Amended and Restated Contract for the Supply of Water City of Renton EXHIBIT II SERVICE CONNECTIONS, MINIMUM HYDRAULIC GRADIENTS, AND FLOW RATES OF WATER SUPPLIED SERVICE CONNECTION (1) MINIMUM HYDRAULIC GRADIENT FOR PLANNING PURPOSES AT STATION UPSTREAM OF METER (FEET NAVD-88 Datum) FLOW RATE UP TO WHICH THE MINIMUM HYDRAULIC GRADIENT APPLIES (gpm) (3)(4) LOCATION STATION NUMBER(2) PIPELINE SEGMENT NUMBER(2) SIZE OF METER (IN.) CRPL4 ROW & Shattuck Ave S 33 13 6 465 Backup CRPL4 ROW & Benson Rd S 34 13 8 470 Backup CRPLs ROW & Jones Ave S 36 10 6 470 Backup CRPLs ROW east of Renton Ave S 37 10 3 470 Backup CRPLs ROW & 84th Ave S 38 10 6 465 Backup CRPLs ROW & Kirkland Ave SE (123rd Ave SE) 39 10 10 475 Backup Logan Ave near 2nd St (5) 179 10 10 460 135 Logan Ave near 2nd St (5) 180 10 10 460 CRPL4 ROW near Boeing’s Longacres site 196 13 10 460 65 Total 200 AG E N D A I T E M # 7 . a ) Page 100 First Amended and Restated Contract for the Supply of Water City of Renton Notes: (1) Water is provided to Service Connections at a Wholesale Level of Service. (2) Station and Pipeline Segment Numbers are for information purposes and pertain to cost allocations and the demand metering program. (3) The Total is based on City of Seattle’s estimate of Water Utility’s average daily demand for 2040 multiplied by a peaking factor of 2.0 for peak day use. Seattle and Water Utility agreed to the allocations of the Total to each Service Connection. (4) Pursuant to Section III.A of the Contract, Water Utility may use all or some of the flows rates allocated to each Service Connection on any other Service Connection that is located on the same Pipeline Segment Number, but in that case the minimum hydraulic gradients are not guaranteed. (5) These Service Connections include the SPU meter vault and all appurtenances north up to the flanges before the 90-degree bends, as defined in Section I. AG E N D A I T E M # 7 . a ) Page 101 First Amended and Restated Contract for the Supply of Water City of Renton EXHIBIT III DEMAND CHARGE METHODOLOGY In order to meet the conditions of service in Section III and Exhibit II of the Contract, each Wholesale Customers has to construct adequate storage volume within their individual retail distribution system to avoid excessive peak flow withdrawals at the Service Connection and potential adverse impacts to the Seattle Regional Water Supply System or other Wholesale Customers. When Seattle has determined to implement demand charges for any period, Water Utility shall be subject to a demand charge if its average peak hourly flow rate from its 10 highest daily flow days exceeds its average daily flow rate from the same 10 days by more than 30% as more particularly described below. The demand charge and method of application shall be as follows: 1. At Water Utility’s cost, Seattle shall install metering devices that record hourly water deliveries at Service Connections. All other costs Seattle incurs to implement demand charges shall be allocated to the Existing Regional System Cost Pool; or New Transmission Cost Pool, upon approval by the Operating Board. 2. There shall be no requirement for Seattle to install demand-metering equipment or monitor water deliveries at all Service Connections for the purposes of implementing demand charges. Seattle, in its discretion, may choose to monitor water deliveries at all Service Connections, or the Service Connections of one or more Wholesale Customers based on considerations such as hydraulic capacity or other operational constraints in the Seattle Regional Water Supply System may be occurring. 3. When calculating Water Utility’s deficient storage and whether demand charges apply: a. Seattle may consider Service Connections to Water Utility on the same pipeline segment, or Service Connections that are on the same pipeline segment and subject to a joint operating agreement between Water Utility and another Wholesale Customer, as 1 Service Connection; and b. A “Day” commences at 9:00 a.m. and ends at 9:00 a.m. the following calendar day. c. The “Monitoring Period” will generally consist of the summer months of June, July, and August. However, if peak flow rates create adverse hydraulic or other operating conditions at other times, Seattle, in consultation with the Operating Board, may establish a different Monitoring Period. 4. For each Service Connection, Seattle will determine the ten Days within the Monitoring Period with the highest daily volume of water delivered. AGENDA ITEM # 7. a) Page 102 First Amended and Restated Contract for the Supply of Water City of Renton 5. For each of those ten Days, Seattle will determine the “Demand Factor” for each Service Connection by dividing the peak hourly flow rate by the average flow rate for the same Day expressed in gallons per hour. 6. Seattle will average: a) the Demand Factors for the ten Days to get an “Average Demand Factor” and b) the daily volume for the same ten Days to get an “Average Daily Quantity” of water in gallons for each Service Connection. 7. If Water Utility’s Average Demand Factor exceeds 1.30 at any Service Connection(s), Water Utility will be subject to a demand charge. 8. If Water Utility is subject to a demand charge, Seattle will determine Water Utility’s deficient storage volume at each Service Connection where the Average Demand Factor exceeds 1.3 using the following formula: S = (F-1) Q: where S = deficient storage volume in gallons, F = Average Demand Factor and Q = Average Daily Quantity. 9. Seattle shall establish a Storage Deficiency Rate each rate study that is based on Seattle’s most recent actual cost to construct a reservoir, inflated to the most recent year that the Engineering News Record “ENR” index or equivalent inflation data is available. The Storage Deficiency Rate is the flat debt service payment required to finance the storage facility over 30 years at Seattle’s Average Cost of Debt at the time of each rate study, prorated for 1,000 gallons of storage. Example: Annual debt service cost of new reservoir at Average Cost of Debt Actual cost of new reservoir in 2012 $ 60,000,000 ENR Index in 2012 100.00 ENR Index in 2019 125.00 Increase in Index 1.25 Cost of new reservoir inflated to 2019 $ 75,000,000 Term of Debt 30 Years Seattle Average Cost of Debt in 2020 4.15% Annual Cost $ 4,416,596 Volume of new reservoir 61,000,000 Gallons Annual Debt Service per 1,000 Gallons $ 72 Storage Deficiency Rate $ 72 10. At each Service Connection subject to the demand charge, the demand charge shall be calculated as S/1000 times the Storage Deficiency Rate. The total demand charge for Water Utility shall be the sum of the demand charges for each Service Connection. The demand charge shall be due by March 31 the following calendar year, or Water Utility may request a payment agreement pursuant to Section VII of the Contract. AGENDA ITEM # 7. a) Page 103 First Amended and Restated Contract for the Supply of Water City of Renton 11. Peak flows caused by emergencies in the Seattle Regional Water Supply System or Water Utility's retail distribution system during any Monitoring Period will be excluded in determining the demand charge. Peak flows caused by other unusual situations may also be excluded at Seattle’s sole discretion. Seattle may request documentation of any emergency or other situation from Water Utility to support a determination to exclude certain flows from demand charges during a Monitoring Period. 12. At Seattle sole discretion, Seattle may disallow daily flow rates which differ substantially from customer's daily consumption patterns in calculating the demand charge. 13. In case of malfunction of metering equipment during certain period causing loss of data, Seattle shall use the remaining data to determine the demand charge, if any. AGENDA ITEM # 7. a) Page 104 First Amended and Restated Contract for the Supply of Water City of Renton EXHIBIT IV OPERATING BOARD STRUCTURE 1. Structure. The Operating Board (or “Board”) shall be structured as follows: a. The Board shall consist of seven (7) members, composed of three members representing Seattle Public Utilities (SPU), three members representing Seattle’s Wholesale Customers selected as described below, and one independent party selected as set forth below to be a tie-breaker as needed. Board members shall, to the best of their ability, act in the best interests of the Seattle Regional Water Supply System as a whole, not the interest of a group of utilities or an individual utility. b. The term of each Board position shall commence on January 1 and shall be for four (4) years. Terms of each Board position shall be staggered such that no more than two positions are renewed in any single year. Except for SPU members, Board members may serve not more than three successive terms. c. Three Board members representing the Wholesale Customers will be selected from the holders of the First Amended and Restated Contract for the Supply of Water, mutually agreed to pursuant to Section II.A.4.a. Wholesale Customers will be sorted into three categories based on utility size. The selected categories will be small, medium, and large utilities, which will be made up from approximately equal numbers of holders of Full and Partial Requirements Contracts. Each category of utility may elect, by majority vote (one vote per utility) its representative to the Operating Board. The Board will be recomposed on January 1, 2012 and every 5 years thereafter. Only Wholesale customers demonstrating their commitment to the region by agreeing to limits on purchase reductions contained in Section II.B.5 shall be eligible to be elected as a member of the Operating Board. d. The seventh member of the Board shall be a person having expertise in the operations of regional water supply systems. Such person shall be selected by majority vote of the other Board members. In the event of a deadlock in selecting the independent representative, the independent Board member shall be selected by Judicial Arbitration and Mediation Services Inc., of Seattle, Washington, or its successor. The seventh member shall not vote on issues coming before the Board unless there is a deadlock in the voting among the other six Board members. The seventh member may nevertheless express his or her opinions in Operating Board discussions. Such member shall have no employment, financial or contractual relationship with Seattle nor any Wholesale Customer or any other actual or apparent conflict of interest in holding this position. 2. Voting. Except as otherwise provided above, each member of the Board shall have one vote on all matters coming before the Board. Each Board member may appoint an alternate to vote in his or her absence. A quorum of four (4) Board members present shall be required for any vote. Members of the Board may not grant proxies for any vote. 3. Chairperson. The Board shall have a Chairperson who will be selected and have duties as defined below: AGENDA ITEM # 7. a) Page 105 First Amended and Restated Contract for the Supply of Water City of Renton a. The Chairperson shall be selected at the first regularly scheduled meeting of each new year. b. All Chairpersons shall be selected by the Board using a nomination and voting process. c. Nomination for the position of Chairperson shall be taken from Board members. The Chairperson shall be selected based upon the simple majority vote of Board members. Should the Board fail to elect a Chairperson at the first regularly scheduled meeting of the new year, Seattle shall designate one of the SPU members to be the Acting Chairperson until such time as the Board elects a Chairperson. d. The Chairperson shall have the responsibility to call meetings, determine the agenda and preside over meetings. In the absence of the Chairperson, for whatever reason, Seattle shall designate one of the SPU members to be the Acting Chairperson for that meeting. The Chairperson shall also act as the spokesperson for the Board and liaison between the Administrator and the then current Seattle City Council’s Committee that considers matters related to Seattle Public Utilities. 4. Schedule/Procedures/Bylaws. The Board shall adopt a regular meeting schedule and notify all Wholesale Customers of the schedule. The Operating Board may adopt its own internal procedures and Bylaws. The latest edition of Roberts Rules of Order shall, in the absence of agreement by the Operating Board on procedural matters, govern all meetings and votes of the Operating Board. 5. Reporting. The Board will provide reports to the Wholesale Customers, SPU and to the appropriate Seattle City Council Committee, on its decisions and recommendations in a timely manner. 6. Responsibilities and Authority of the Board. The Operating Board shall have only those powers and authorities specifically and explicitly established by the clear terms of this Contract. 7. Expenses. The Board shall be authorized to incur reasonable expenses which will be allocated by the Board to either or both of the New Transmission or New Supply Cost Pools. AGENDA ITEM # 7. a) Page 106 First Amended and Restated Contract for the Supply of Water City of Renton EXHIBIT V FACILITIES CHARGES A. Methodology to Calculate ERU Charges The ERU Charge is: the flat annual debt service payment required to finance the N ew Supply or New Transmission Facility for the lesser of (i) the facility life or (ii) the period over which new demand is projected to fully utilize the facility’s projected supply or transmission capacity - divided by - the average annual number of new ERUs of demand expected in each year. Seattle’s Average Cost of Debt at the time the facility is put into service shall be used to determine the flat debt service payment above. In the event that several New Supply or New Transmission Facilities are put into service simultaneously, the facilities may be considered together as providing a total new supply or new transmission capacity for a total construction cost. Example: A New Supply Facility costing $100 million is built with a projected total capacity of 100,000 ERUs and a 50-year facility life. Growth of 5,000 ERUs per year is projected over the next 20 years, so the facility is projected to be supplying its full capacity in 20 years. If this facility were financed over 20 years at Seattle’s Average Cost of Debt of 6% interest, the flat annual debt service payment would be $8.7 million and the ERU Charge would be $1,740 (8,700,000/5,000). At the time a subsequent New Supply or New Transmission Facility is put into service, but the capacity of a prior New Supply Facility has not yet been fully utilized, an ERU Charge for the subsequent facility shall be calculated separately according to the formula above, then averaged with the then-current ERU Charge from the prior facility. This average shall be weighted by the remaining number of ERUs at the then-current ERU Charge and the number of new ERUs being added at the new ERU Charge. This weighted average shall be the new ERU Charge, and the number of ERUs available at that weighted ERU Charge shall be the sum of the remaining ERUs for the prior facility plus the number of new ERUs for the subsequent facility. Example: 10 years ago, a $100 million New Supply Facility was constructed that can supply 100,000 ERUs. 50,000 ERUs remain at the ERU Charge of $1,740. This year, we construct a New Supply Facility costing $70 million and a 50-year facility life, with a projected capacity of 40,000 ERUs that is projected to be fully utilized in 10 years. The ERU Charge of the subsequent New Supply Facility alone using the formula above is $2,375. The weighted average ERU Charge for any of the 90,000 available ERUs is $2,022 (50,000 * $1,740 + 40,000 * $2,375) / 90,000). AGENDA ITEM # 7. a) Page 107 First Amended and Restated Contract for the Supply of Water City of Renton B. ERU Factors by Connection Size Connection Size ERU Factors 1” and smaller 1.12 1 1/2" 5 2” 8 3” 22 4” 31 6” 66 8” 112 10” 169 12” 238 ERU Proving Methodology The size of the retail water service connection used to serve a retail customer depends upon both the total demand and the instantaneous flow required by that retail customer. For this reason, connection size is only a general indicator of the annual demand placed on water supplies by any particular retail customer. AGENDA ITEM # 7. a) Page 108 First Amended and Restated Contract for the Supply of Water City of Renton EXHIBIT VI REGIONAL FACILITIES I. Existing Regional Facilities 1. Cedar Source • All roads, buildings, structures, water supply facilities, other equipment and infrastructure, recreational and educational facilities, downstream habitat enhancement, fisheries enhancement and mitigation facilities located within or close to the Cedar River Hydrographic Watershed boundary as defined by Seattle land ownership or other contractual rights, including the land itself, and any capitalized or amortized studies or obligations related to the above. Excepted are facilities solely owned by Seattle City Light for the purpose of power generation. Facilities shared by Seattle City Light and Seattle Public Utilities shall be part of the Seattle Regional Water Supply System only to the extent of SPU share or responsibility. • All roads, buildings, structures, water supply facilities, and other equipment and infrastructure located within the Lake Youngs Reservation as defined by Seattle ownership of the land, including the land itself and any capitalized or amortized studies or obligations related to the above. • All facilities, structures, and other equipment and infrastructure located within the Lake Youngs Aqueduct, the Landsburg Tunnel, and the Lake Youngs Supply Lines right-of-way, including the right-of-way itself. 2. Tolt Source • All roads, buildings, structures, water supply facilities, other equipment and infrastructure, recreational and educational facilities, downstream habitat enhancement, fisheries enhancement and mitigation facilities located within or close to the South Fork Tolt River Hydrographic Watershed boundary as defined by Seattle land ownership or other contractual rights, including the land itself, and any capitalized or amortized studies or obligations related to the above. Excepted are facilities solely owned by Seattle City Light for the purpose of power generation. Facilities shared by Seattle City Light and Seattle Public Utilities shall be part of the Seattle Regional Water Supply System only to the extent of SPU share or responsibility. • Tolt Pipeline No. 1, from the Tolt Regulating Basin to the outlet of the Tolt Treatment Facility, including any transfer and ancillary small diameter parallel pipes. • Tolt Pipeline No. 2, from the Tolt Regulating Basin to the inlet of the Tolt Treatment Facility, including any transfer and ancillary small diameter parallel pipes, and including the connection to Tolt Pipeline No. 1 (a.k.a. TPL2 Phase 6b). • Tolt Treatment Facility, including its outlet line up to the connection to Tolt Pipeline No. 1. 3. Seattle Wellfields (formerly known as Highline Wells) • Riverton Wells, including all pumping and treatment equipment, original yard piping, to the AGENDA ITEM # 7. a) Page 109 First Amended and Restated Contract for the Supply of Water City of Renton connection to CRPL4, and the low flow piping to Riverton Reservoir. • Boulevard Well, including all pumping and treatment equipment, and all piping up to the connection to CRPL4. • Any facilities related to operation of the Seattle Wellfields, such as for streamflow augmentation or mitigation. 4. Other • GIS Projects related to facilities identified herein as part of the Seattle Regional Water Supply System. • Hardware and Software projects related to facilities identified herein as part of the Seattle Regional Water Supply System. 5. Pipelines • Tolt Pipeline No. 1, from the outlet pipeline of the Tolt Treatment Facility to Lake Forest Reservoir, including any transfer and ancillary small diameter parallel pipes. • Tolt Pipeline No. 2, where constructed, west of the outlet of the Tolt Treatment Facility (a.k.a TPL2 Phases 1, 2, 3, and 4), including any transfer and ancillary small diameter parallel pipes. • Tolt Tieline. • Tolt Eastside Supply Line (from TESS Junction to the intersection of SE 16th Street and 145th Place SE). • Tolt Eastside Line Extension (from the intersection of SE 16th Street and 145th Place SE to Eastside Reservoir). • The 550 head Pipeline from Maple Leaf Reservoir to Lake Forest Reservoir, sections of which also known as “The Haller Lake Pipeline”, and “The 195th Street Pipeline”. • Lake Youngs Bypass No. 4 from the outlet of each of the Cedar Treatment Facility clearwells to Control Works, including Flow Control Facility 4. • Lake Youngs Bypass No. 5 from the outlet of each of the Cedar Treatment Facility clearwells to the Lake Youngs Tunnel, including Flow Control Facility 5. • The Lake Youngs Tunnel (from the original lake outlet to Control Works). • The Maple Leaf Pipeline (from the intersection of 18th Avenue E. and E. Prospect Street to Maple Leaf Reservoir). • Cedar River Pipeline No. 1 (CRPL1) from Control Works to the 24-inch remote controlled valve (a.k.a. “The CRPL1 to CRPL2 Valve” in the vicinity and east of Beacon Reservoir (primarily 66-inch pipeline). • The primarily 54-inch Pipeline known as “The Old Cedar River Pipeline No. 2”, from the 24-inch remote controlled valve (a.k.a. “The CRPL1 to CRPL2 Valve”) in the vicinity of Beacon Reservoir to the intersection of 18th Avenue E and E Prospect Street. • Cedar River Pipeline No. 2 (CRPL2) from Control Works to the 20-inch butterfly valve (a.k.a. “The CRPL2 to CRPL1 Valve”) in the vicinity and east of Beacon Reservoir (primarily 54-inch pipeline). • The primarily 42-inch pipeline known as “The Old Cedar River Pipeline No. 1”, from the 20-inch butterfly valve (a.k.a. “The CRPL2 to CRPL1 Valve”) in the vicinity and east of Beacon Reservoir to the intersection of 12th Avenue and E Olive Street. • The short pipeline sections of various diameters in the vicinity and east of Beacon Reservoir AGENDA ITEM # 7. a) Page 110 First Amended and Restated Contract for the Supply of Water City of Renton connecting CRPL1, CRPL2, Old CRPL1 and Old CRPL2. • Cedar River Pipeline No. 3 from Control Works to the intersection of 18th Avenue E. and E. Prospect Street (primarily 66-inch). • 30” intertie pipeline between “The Old CRPL1” and CRPL3 in E Olive Street, from 12th Avenue to 18th Avenue. • The interconnections between the Maple Leaf Pipeline, Cedar River Pipeline No. 3, and the Old Cedar River Pipeline No. 2 in the vicinity of the intersection of 18th Avenue E and E Prospect Street. • Cedar River Pipeline No. 4 from Control Works to the West Seattle Pipeline. • West Seattle Pipeline from Augusta Gatehouse to Cedar River Pipeline 4. • The interconnections between the Cedar River Pipelines 1, 2, and 3 in the vicinity of 51st Avenue S and S Leo Street. • Cedar Eastside Supply Line (from the Cedar Wye to the intersection of SE 16th Street and 145th Place SE). • The 8th Avenue S. Pipeline between S. 146th Street and S. 160th Street. • The Bow Lake Pipeline (between 8th Avenue S. and CRPL 4, and as relocated outside runways at SeaTac Airport). • The Burien Feeder (in S. 146th Street between 8th Avenue S. and CRPL 4). • The Fairwood Line (between Fairwood Pump Station and Soos Reservoirs). • The 24-inch discharge pipeline of Lake Youngs Pump Station up to Soos Reservoirs. • The 12-inch discharge pipeline of Lake Youngs Pump Station up to Soos Reservoirs. • The 630 head pipeline between Lake Youngs Pump Station and the Cedar River WSD pump station at the eastern boundary of the Lake Youngs Reservation. 6. Reservoirs Reservoirs, Tanks, and Standpipes, including overflow pipes, all valves, appurtenances, and disinfection facility located on the premises of each storage facility, unless otherwise noted • Lake Forest Reservoir • Eastside Reservoir • Riverton Reservoir • Maple Leaf Reservoir (excluding Roosevelt Way Pump Station and its suction and discharge piping, Maple Leaf Tank and 520 zone piping, except where solely serving the disinfection facility) • Soos Reservoirs 7. Pump Stations Pump Stations, Major Valve Structures, and other transmission Facilities • Eastgate Pump Station • TESS Junction Pump Station • Lake Hills Pump Station • Maplewood Pump Station • Maple Leaf Pump Station • Bothell Way Pump Station AGENDA ITEM # 7. a) Page 111 First Amended and Restated Contract for the Supply of Water City of Renton • Fairwood Pump Station • Lake Youngs Pump Station • The Control Works • Augusta Gatehouse • Duvall Shops 8. Service Connections to Wholesale Customers installed before January 1, 2002, and Service Connections assigned to the Existing Regional System Cost Pool pursuant to Section III.E.1., are part of the Existing Regional Facilities. Unless otherwise identified as regional, Service Connections to Wholesale Customers installed after December 31, 2001 shall not be considered Existing Regional Facilities. 9. The Existing Regional Facilities include all necessary and convenient appurtenances, including, but not limited to, rights of way, land ownership or contractual rights to use, e.g. easements, security infrastructure, dewatering facilities, line valves, system meters, and remote automation devices. II. New Supply Facilities 1. Regional Water Conservation Program. The capitalized or deferred cost of the Regional Water Conservation Program, which generally consists of rebate programs for customers to upgrade fixtures or equipment to more efficient models III. New Transmission Facilities [Reserved.] AGENDA ITEM # 7. a) Page 112 First Amended and Restated Contract for the Supply of Water City of Renton EXHIBIT VII SUBREGIONAL FACILITIES AND ALLOCATIONS I. Eastern Subregion A. List of Eastern Subregional Facilities SEGMENT 1 (Cascade, Mercer Island, and Seattle) 1. The portion of the of the original Mercer Island Pipeline from the tee off the Cedar Eastside Supply Line in Factoria Boulevard SE to the west flange of the main line tee at the east end of the 16-inch Mercer Slough Bridge Pipeline (30-inch). SEGMENT 2 (Cascade, Mercer Island, and Seattle) l. The portion of the of the original Mercer Island Pipeline from the west flange of the main line tee at the east end of the 16-inch Mercer Slough Bridge Pipeline to the west flange of the 20- inch valve west of the wye to the East Channel Bridge Pipeline (30-inch). 2. The entire 16-inch Mercer Slough Bridge Pipeline (16-inch). 3. The portion of the East Channel Bridge 16-inch Pipeline, from the wye off item 1 of Segment 2 above to the north flange of the 16-inch line valve, including the valve bypass line. SEGMENT 3 (Mercer Island and Seattle) 1. The portion of the original Mercer Island Pipeline from the west flange of the 20-inch valve west of the Enatai service to Bellevue to the west flange of the tee for the Shorewood Apartments service on Mercer Island (20-inch across the East Channel, 24inch on Mercer Island). 2. The 16-inch East Channel Bridge Pipeline, except for the portion listed as item 3 of Segment 2 above. SEGMENT 4 (Mercer Island only) 1. The portion of the original Mercer Island Pipeline from the west flange of the tee for the Shorewood Apartments service on Mercer Island to the west end of the original Mercer Island pipeline near SE 43rd Street & 89th Ave SE on Mercer Island (24-inch). The facilities include the appurtenance of these transmission facilities including but not limited to rights of way, line valves, system meters and remote automation devices. AGENDA ITEM # 7. a) Page 113 First Amended and Restated Contract for the Supply of Water City of Renton B. Allocation of Costs in the Eastern Subregional Cost Pool In each year, the costs of each Eastside Subregional Facility shall be allocated by the segments identified in Section I.A above based on Peak 7 Day flows through each segment. In the event that Peak 7 Day flow data is not available, Peak Month flows may be substituted. The annual cost of each segment is adjusted by the annual utility basis cost of the following initial amounts, amortized over 50 years starting in 1998. Segment 1: $73,157.01 increase Segment 2: $1,296,845.17 decrease Segment 3: $136,782.17 increase Segment 4: $72,442.13 increase Seattle shall establish a common rate for each Eastside Subregional segment that recovers the costs allocated to that segment plus any costs allocated from preceding segments to downstream segments based on the flow data used. Wholesale Customers served by Eastern Subregional Facilities as may be identified in Exhibit I will pay the applicable segment rates for every unit of water delivered to the Service Connection(s), or in Seattle’s case to the retail connection, on the identified segment, e.g. Service Connections on Segment 3 would pay the rate for Segment 3, which rate would recover costs allocated from Segments 1, 2 and 3. Seattle will track running balances and actual costs and actual revenues for each segment within the Eastside Subregional Cost Pool and shall true up each segment in a manner consistent with Section IV.H, except that Seattle may adjust the running balances between Segments 3 and 4 for a Wholesale Customer served by both Segments as follows: Seattle will track the portion of surplus or deficit balance created by each Wholesale Customer, including Seattle, in Segment 3 based on the percentage of revenues paid by each. If there is a surplus balance for Segment 3, Seattle may transfer all or a portion of the surplus created by the Wholesale Customer served by both Segments to reduce a running deficit balance for Segment 4 and credit Seattle for a proportionate share of the Segment 3 surplus. If there is a surplus balance for Segment 4, Seattle may transfer all or a portion of the surplus in Segment 4 to reduce the portion of a running deficit balance in Segment 3 created by the Wholesale Customer served by both Segments and charge Seattle for a proportionate share of the Segment 3 deficit balance. II. Southwestern Subregion A. List of Southwest Subregion Transmission Facilities 585 ZONE FACILITIES Pipelines 1. The discharge pipeline of Burien Pump Station, from the pump station to Ambaum Boulevard SW. AGENDA ITEM # 7. a) Page 114 First Amended and Restated Contract for the Supply of Water City of Renton 2. The pipeline in 8 Ave SW from SW Kenyon Street to SW 108 Street. 3. The discharge pipeline of Highland Park Pump Station to SW 108th Street. 4. The 585 Pipeline in SW 108th Street between 4th Avenue SW and 12th Avenue SW. 5. The 585 head Pipeline in 4th Avenue SW between SW 108th Street and SW 146th Street. 6. The 585 Pipeline in 12th Avenue SW and Ambaum Boulevard SW between SW 108th Street and SW 146th Street. 7. The 585 Pipeline in Ambaum Boulevard SW between SW 146th Street and SW 149th Street. 8. The 585 pipeline in SW 149th Street between Ambaum Boulevard SW and 14th Avenue SW. 9. The 585 pipeline in 12 Ave SW from SW 108 Street to SW 106 Street. 10. The discharge of the Trenton Turbines pump station within the West Seattle Reservoir property, and up to SW Cloverdale Street. 11. The 585 pipeline in 5 Ave SW from SW Cloverdale Street to SW Kenyon Street. 12. The 585 pipeline in SW Kenyon Street from 5 Ave SW to 8 Ave SW. 13. The 585 pipeline in SW Kenyon Street from 8 Ave SW to 35 Ave SW. 14. The 585 pipeline in 35 Ave SW from SW Kenyon Street to SW Myrtle Street. 15. The 585 pipeline in SW Myrtle Street from 35 Ave SW to Myrtle Tanks. Pump Stations 1. Burien Pump Station, including its suction line from the 24-inch tee to the pump station. 2. Highland Park Pump Station, including its suction line from the tee off the 42-inch West Seattle Reservoir inlet-outlet line to the pump station. 3. Trenton Turbines Pump Station, including the suction/supply line from the pump station to the 36x36x20 tee. Tanks l. Beverly Park Tank, and all associated appurtenances and connections to the 585 zone. 2. Myrtle Tanks, and all associated appurtenances and connections to the 585 zone. WEST SEATTLE RESERVOIR FACILITIES l. The reservoir Gate House, except for the West Seattle Low Service Pump Station . 2. All reservoir appurtenances, including but not limited to the reservoir drain, washout, and overflow pipelines. 3. The reservoir bypass from the tee off the West Seattle Pipeline to the reservoir easterly outlet pipeline. AGENDA ITEM # 7. a) Page 115 First Amended and Restated Contract for the Supply of Water City of Renton WEST SEATTLE PIPELINE FACILITY From the connection to Cedar River Pipeline No. 4 to the West Seattle Reservoir Gate House. DES MOINES WAY PIPELINE FACILITIES l. From the connection to the Bow Lake Pipeline as relocated outside SeaTac Airport, to S 168th Street. 2. South 168 Street to the terminus of the pipeline near S 208th Street. MILITARY ROAD FEEDER FACILITY THE EAST MARGINAL WAY FEEDER FACILITY From the West Seattle Pipeline to S 115 Street, including pressure reducing and pressure relief facilities from the West Seattle Pipeline to that feeder. The facilities include the appurtenance of these transmission facilities including but not limited to rights of way, line valves, system meters and remote automation devices. B. Allocation of Costs in the Southwest Subregional Cost Pool In each year, the cost of each Southwest Subregional Facility identified in Section II.A above shall be allocated between the Seattle Retail Distribution System and Wholesale Customers served by the Southwest Subregional Facilities as may be identified in Exhibit I as a group based on the following agreed upon allocations to the Wholesale Customers: FACILITY Allocation to Wholesale Customers 585 Zone 50% West Seattle Reservoir 10% West Seattle Pipeline 22% Des Moines Way Pipeline 100% Military Road Feeder 100% East Marginal Way Feeder 100% Wholesale Customers served by the Southwest Subregional Facilities shall pay a uniform rate to recover the costs from the Southwest Subregional Cost Pool allocated to the Wholesale Customers. This rate shall apply to every unit of water delivered to a Wholesale Customer served by Southwest Subregional Facilities without regard to the specific location at which that water was delivered. Actual costs and actual revenues for the Southwest Sub-region shall be trued up in a manner consistent with Section IV.H. AGENDA ITEM # 7. a) Page 116 First Amended and Restated Contract for the Supply of Water City of Renton III. Renton Subregion A. List of Renton Subregional Facilities The 12-inch pipelines, from the outlets off the CRPLs l, 2, and 3 up to the south wall of the SPU meter vaults in Logan Avenue South. B. Allocation of Costs in the Renton Subregional Cost Pool In each year, the cost of all Renton Subregional Facilities shall be allocated to the Wholesale Customer(s) served by the Renton Subregional Facilities as may be identified in Exhibit 1. The Wholesale Customer(s) served by the Renton Subregional Facilities shall pay either a rate established by Seattle or a lump sum, to recover the costs allocated to the Renton Subregional Cost Pool. The rate shall apply to every unit of water delivered to Wholesale Customer(s) served by the Renton Subregional Facilities. The parties may agree to a payment agreement for a lump sum pursuant to Section VII.A. AGENDA ITEM # 7. a) Page 117 First Amended and Restated Contract for the Supply of Water City of Renton EXHIBIT VIII INDEX O&M COST CATEGORIES The following cost categories as may be amended further from time to time, that capture the portion of O&M Costs to support Seattle Regional Water Supply System only shall be used as the Index O&M Costs in the Existing Regional System, New Supply and New Transmission Cost Pools. 1. Existing Regional System Cost Pool o Cedar, Tolt, and Lake Youngs Watersheds, including but not limited to ▪ Infrastructure and land: buildings, equipment, pipelines, security, roads, bridges, communication, IT ▪ Forest management, ecological management including ecological thinning net of timber sales revenue ▪ Dam safety ▪ Limnology ▪ Costs to comply with external requirements such as those imposed by Ecology, Tribes, FERC ▪ Management of the public, Patrols, Recreation ▪ Fire Protection including Wildland Fire Teams o Transmission ▪ Infrastructure and land: buildings, equipment, pipelines, security, roads, bridges, communication, IT, for the Pipelines, reservoirs, pump stations, major valve structures, and other transmission facilities as listed in Exhibit VII ▪ Vegetation Management ▪ Litter and vehicle removal ▪ Property costs including Fire Protection, permits, easements, and franchise fees o Treatment ▪ Infrastructure and land: buildings, equipment, pipelines, security, roads, bridges, communication, IT • Cedar Treatment Plant • Tolt Filtration Facility • Landsburg Treatment Facility • Other treatment in the Seattle Regional Water Supply System ▪ Water Quality Testing for tests described in Section II.D.6. o Regional planning ▪ Water rights ▪ Climate as it pertains to water supply or infrastructure in the Seattle Regional Water Supply System 2. New Supply Cost Pool o The Regional Water Conservation Program o Operating Board expenses, if allocated AGENDA ITEM # 7. a) Page 118 First Amended and Restated Contract for the Supply of Water City of Renton 3. New Transmission Cost Pool o [Reserved] AGENDA ITEM # 7. a) Page 119 First Amended and Restated Contract for the Supply of Water City of Renton EXHIBIT IX STRANDED AND AVOIDED COSTS 1. General Provisions Within 30 days of receipt of a Notice to reduce or terminate Water Utility’s Purchase Commitment under Section II.B.5.a, Seattle shall send a written notice to Water Utility, with a copy to the Operating Board, defining the amount of the reduction or termination that results in aggregate Water Utility reductions under this Contract that is in excess of the Water Utility’s total Automatically Allowed Reduction, and providing an annual schedule of the Preliminary Net Stranded Cost, or Preliminary Net Billing Credit, if applicable, calculated pursuant to the methodology in Section 2 below using the available documented information as of the time of the Notice. If any reduction by Water Utility results in it having aggregate reductions greater than 5% of the average purchases from Seattle for the most recent five years but less than or equal to its Automatically Allowed Reduction, the Stranded Cost for the portion above 5% will be paid by Seattle, through annual Stranded Cost payments as calculated below. Note: This basis for Seattle payments will apply both to Regional Stranded Cost calculations and to Subregional Stranded Cost calculations, as further defined below. On or before 180 days prior to the effective date of the Notice under Section II.B.5.b, Seattle shall send a written notice to Water Utility, with a copy to the Operating Board, providing a revised schedule of the Final Net Stranded Cost, or Final Net Billing Credit, if applicable, calculation pursuant to the methodology in Section 2 below using the available documented information as of 180 days prior to the effective date of the Notice under Section II.B.5.b which may reflect appropriate adjustments for changed circumstances during the Notice Period, as well as a calculation of any Stranded Cost obligation to be met by Seattle, as defined above. The Final Net Stranded Cost, or Final Net Billing Credit, if applicable, will be the payment, or credit, if applicable, required pursuant to Section II.B.5.c. Water Utility will pay the Final Net Stranded Cost, or agree to a schedule of payments with equivalent discounted present value, or receive the Final Net Billing Credit, if applicable, on or before the effective date of the Notice under Section II.B.5.b. If Water Utility is reducing its Purchase Commitment and will remain a Wholesale Customer, the parties may mutually agree to a payment schedule agreement to pay the Final Net Stranded Cost pursuant to Section VII.A of the Contract. For rate smoothing or financial performance purposes, Seattle, in consultation with the Operating Board, may select which cost pool the revenues are applied to and whether or not to delay revenue recognition to future years. In the event that Seattle acquires a new wholesale customer or a new block wholesale customer, or extends the size of the block contract to Cascade Water Alliance or other existing block wholesale AGENDA ITEM # 7. a) Page 120 First Amended and Restated Contract for the Supply of Water City of Renton customer, these new regional sales will reduce prior demand reductions that are subject to Stranded Costs as follows: i) adjustments to prior reductions will be effective for all remaining years of the Contract, beginning with the first year of the new sales; ii) new customer sales or additional block sales amounts will be assigned to past Wholesale Customer demand reductions in order of their effective dates; iii) if the new sales amount is greater than the size of the first-in-time prior demand reduction, the remainder will be applied to the next-in-time demand reduction, and so on until either the new sales amount is exhausted or all prior reductions have been reduced to zero. In such cases, the schedule(s) of Water Utility’s Annual Stranded Costs for remaining years will be reduced proportionately or entirely as the case may be, and Water Utility will pay the reduced amount from that year forward or, if it has made a prior payment in excess of its Annual Stranded Costs, it will receive a credit of equivalent present value. 2. Stranded and Avoided Cost Methodology A. Annual Regional Stranded Costs and Annual Regional Avoided Costs: Seattle will first calculate Annual Regional Stranded Costs, and Annual Regional Avoided Costs, if applicable, for each year beginning with the first year Water Utility’s reduction or termination of its Purchase Commitment is effective through the last year of the current Contract term using the formula below. Seattle will use the most up to date and available documented information from its then current Water System Plan, or annual plans and statements including financial and accounting statements, official demand forecasts, etc. for all the projections required in the methodology i) as of the date of the Notice for the Preliminary Net Stranded Costs, or Preliminary Net Billing Credit, if applicable; and ii) as of 180 days prior to the effective date of the Notice for the Final Net Stranded Costs or Final Net Billing Credit, if applicable. AGENDA ITEM # 7. a) Page 121 First Amended and Restated Contract for the Supply of Water City of Renton Annual Regional Stranded Costs for Year X = [DEP + NBV*RORI + FOC] * Share where: • DEP - the projected annual depreciation for the Regional Facilities as of the effective date of the Notice of the reduction or termination of Water Utility’s Purchase Commitment for year X, • NBV - the projected Net Book Value of the Regional Facilities as of the effective date of the Notice of the reduction or termination of Water Utility’s Purchase Commitment for year X, • RORI - the Rate of Return on Investment in effect at the time of the calculation (remains constant for all years), • FOC - the projected fixed portion of the Annual O&M Costs for year X, calculated as the Annual O&M Costs for the first year after the Effective Date (“year 1”) (i.e. Annual O&M Costs in year 1 * 90% , which represents a deduction of an agreed upon amount for variable operations costs that are reduced in proportion to Water Utility’s reduction or termination and therefore not included as Stranded Costs in the methodology), and escalated at 2.5% per year for each of the remaining years’ calculations through year X. • Share - the amount of Water Utility’s reduction or termination in excess of its Automatically Allowed Reduction, divided by the projected total Wholesale Customer demand for year X, multiplied by the total Wholesale Customer share of revenue requirements for year X (i.e. (Firm yield – block contract demand)/Firm yield). For this calculation, block demand priced at Wholesale Customer rates shall be considered Wholesale Customer demand. Annual Regional Avoided Costs for Year X = [DSN + NOC] * NSS where: DSN - The projected annual debt service payment for year X of 30-year debt at the then current Seattle Average Cost of Debt to finance the full cost of any New Supply Facility deferred by the reduction or termination, based on the then most current Seattle Water System Plan, NOC – The projected operations cost for year X for the SPU New Supply Facility, escalated at 2.5% per year from the first year through the end of the contract period, and NSS - The New Supply Share, defined as the ratio of the Water Utility's reduction in demand divided by the projected design capacity of the deferred New Supply Facility, as measured by average daily demand (ADD). B. Annual Subregional Stranded Costs: If Water Utility is served by Subregional Facilities, Seattle will calculate Annual Subregional Stranded Costs for each year beginning with the first year AGENDA ITEM # 7. a) Page 122 First Amended and Restated Contract for the Supply of Water City of Renton Water Utility’s reduction or termination of its Purchase Commitment is effective through the last year of the Contract term using the formula below. Annual Subregional Stranded Costs for Year X = [SRDEP + SRNBV*RORI + SRFOC] * SRShare where: • SRDEP - the projected annual depreciation for the Subregional Facilities for year X • SRNBV - the projected Net Book Value of the Subregional Facilities for year X, • RORI - the Rate of Return on Investment in effect at the time of the calculation (remains constant for all years), • SRFOC - the projected fixed portion of the Annual O&M Costs for year X, calculated as the Annual O&M Costs for the first year after the Effective Date (“year 1”) (i.e. Annual O&M Costs in year 1 * 90% , which represents a deduction of an agreed upon amount for variable operations costs that are reduced in proportion to Water Utility’s reduction or termination and therefore not included in the methodology), and escalated at 2.5% per year for each of the remaining years’ calculations through year X. • SRShare - the amount of Water Utility’s reduction or termination divided by the projected total Subregional demand for year X in the relevant subregion. C. Totaling the Stranded Costs or Avoided Costs for all years: Seattle will then calculate the Net Stranded Costs or Net Billing Credit, if applicable, as follows by discounting each year of Annual Regional Stranded Costs and Annual Regional Avoided Costs (except year 1) and Annual Subregional Stranded Costs (if any, and except year 1) to its present value and then adding the first year and each of the discounted remaining years of the Annual Regional Stranded Costs; and subtracting first year and each of the discounted remaining years of the Annual Avoided Costs, if applicable; and adding the first year and each of the discounted remaining years of the Annual Subregional Stranded Costs, if any. If the difference is positive, a total Final Net Stranded Cost Payment is due from Water Utility and will reflect any applicable offset from Annual Avoided Costs. If the difference is negative, a total Final Net Billing Credit will be due from Seattle to Water Utility. Net Stranded Cost (or Net Billing Credit if negative) = Annual Regional Stranded Cost(1) – Annual Regional Avoided Cost(1) + Annual Subregional Stranded Cost(1) + [Annual Regional Stranded Cost (2) – Annual Regional Avoided Cost (2)+ Annual Subregional Stranded cost (2)]*Discount Factor(2) + …calculated for each year from 3 to n (see Illustrative Example of Annual Stranded & Avoided Cost Calculation)… + AGENDA ITEM # 7. a) Page 123 First Amended and Restated Contract for the Supply of Water City of Renton [Annual Regional Stranded Cost(n) -Annual Regional Avoided Cost(n) + Annual Stranded Subregional Cost(n), if applicable]*Discount Factor(n) where: • Annual Regional Stranded Cost(1) – the Annual Regional Stranded Cost in the first year the reduction or termination is in effect, • Annual Regional Avoided Cost(1) – the Annual Avoided Cost in the first year the reduction or termination is in effect, • Annual Subregional Stranded Cost(1) – the Annual Subregional Stranded Cost in the first year the reduction or termination is in effect, • Annual Regional Stranded Cost(2) - the Annual Regional Stranded Cost in the second year the reduction or termination is in effect, • Annual Regional Avoided Cost(2) – the Annual Avoided Cost in the second year the reduction or termination is in effect, • Annual Subregional Stranded Cost(2) – the Annual Subregional Stranded Cost in the second year the reduction or termination is in effect, • Discount Factor(2) - the factor for discounting costs in the second year by one year, deemed to be the Annual O&M Cost escalation plus 2.5%. • Annual Regional Stranded Cost(n) - the Annual Regional Stranded Cost in the last year of the Contract term, deemed to be the Annual O&M Cost escalation plus 2.5%, • Annual Regional Avoided Cost(n) - the Avoided Cost in the last year of the Contract term, • Annual Subregional Stranded Cost(n) - the Annual Subregional Stranded Cost in the last year of the Contract term, and • Discount Factor(n) is the multiplied factor for discounting costs in the last year of the Contract term back to the first year the reduction is in effect, deemed to be the Annual O&M Cost escalation plus 2.5% per year, with the calculation including each of the years of the Contract term. AGENDA ITEM # 7. a) Page 124 First Amended and Restated Contract for the Supply of Water City of Renton Illustrative Example of Annual Stranded & Avoided Cost Calculation: Reduction of 1.0 mgd (Million Gallons/Day) of Demand, not in a Subregion Annual Cost for 1 Year (2030) Projected Annual Depreciation $22 M Projected Net Book Value $400 M RORI 6.0% Total Annual Capital Costs $22 M + ($400M*6%) = $46 M $46 M Projected Annual O&M Cost in Year 1 $60 M Projected Fixed Operations Costs (FOC) in Year 1 $60 M*.90 $54 M1 Total Annual Regional System Cost $46 M + $54 M = $100 M $100 M Share of Annual Cost Associated with Reduction Regional System Firm Yield 172 mgd Block Contracts Portion of Firm Yield2 34.4 mgd Wholesale Customer plus Cascade Supplemental Block Share of Annual Revenue Requirements3 (172 – 34.4)/172 mgd = 80% Wholesale Customer Forecasted Demand plus Cascade Supplemental Block 100 mgd Water Utility’s Reduction 1 mgd Water Utility’s Share of Wholesale Customer plus Cascade Supplemental Block Demand associated with Reduction 80% * (1.0/100) = 0.80% 0.80% Annual Stranded Cost Water Utility’s Share = Annual Stranded Cost (2030) 0.80% * $100 M = $800,000 $800,000 Annual Regional Avoided Cost, New Supply (beginning 2055) New Supply Facility (2055 Cost) $600 M New Supply Facility Financing 30 years, 4% interest => $34.7 M/yr New Supply Facility O&M Cost in 2055 $8.5 M4 New System Supply Capacity 24 mgd Water Utility's Avoided Supply Share (beginning in 2055) (1.0/24.0)*($34.7 M + $8.5 M)=$1.80M $1,800,000 1 Each Year X after Year 1, the projected FOC will be escalated at 2.5%. 2 As of the Effective Date of this Contract, includes Cascade (Base Block only, not Supplemental Block) and Northshore Utility District block contract demand in each Year X at the full amount of their Blocks. 3 Cascade’s Supplemental Block is priced at the same regional rate paid by Wholesale Customers and is therefore included with Wholesale Customer demand at its full Supplemental Block size. 4 Each Year X after 2055, the projected NOC will be escalated at 2.5%. AGENDA ITEM # 7. a) Page 125 First Amended and Restated Contract for the Supply of Water City of Renton Total Present Value of Annual Stranded Costs and Avoided Costs for a 1.0 mgd (Million Gallons/Day) Reduction Beginning in 2030, Reducing New Supply Needs in 2055 Year Annual Stranded Cost ($000) Annual Avoided Cost ($000) Annual Net Cost or Credit PV of Stranded & Avoided Costs ($000) 2030 $800 $0 $800 $800 2031 $796 $0 $796 $758 2032 $792 $0 $792 $718 2033 $788 $0 $788 $681 2034 $784 $0 $784 $645 2035 $780 $0 $780 $611 2036 $776 $0 $776 $579 2037 $772 $0 $772 $549 2038 $768 $0 $768 $520 2039 $764 $0 $764 $492 2040 $760 $0 $760 $467 2041 $768 $0 $768 $449 2042 $776 $0 $776 $432 2043 $784 $0 $784 $416 2044 $792 $0 $792 $400 2045 $800 $0 $800 $385 2046 $808 $0 $808 $370 2047 $816 $0 $816 $356 2048 $824 $0 $824 $342 2049 $832 $0 $832 $329 2050 $840 $0 $840 $317 2051 $850 $0 $850 $305 2052 $860 $0 $860 $294 2053 $870 $0 $870 $283 2054 $880 $0 $880 $273 2055 $890 $1,800 ($910) ($269) 2056 $900 $1,809 ($909) ($256) 2057 $910 $1,818 ($908) ($243) 2058 $920 $1,827 ($907) ($231) 2059 $930 $1,837 ($907) ($220) 2060 $940 $1,846 ($906) ($210) 2061 $950 $1,856 ($906) ($200) Total Net Stranded Cost $10,143 AGENDA ITEM # 7. a) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 4-2 SECTIONS 4-2-060, 4-2-080.A.6.d, 4-2-080.A.38, 4-2- 080.A.39, 4-2-110.C.4, 4-2-110.F.12, AND 4-2-110.F.6; CHAPTER 4-4 SECTIONS 4-4-080.F.10.e AND 4-4-155; AND CHAPTER 4-11 SECTIONS 4- 11-010, 4-11-020, 4-11-030, 4-11-040, 4-11-200.V, AND 4-11-200.W OF THE RENTON MUNICIPAL CODE, AMENDING ZONING REGULATIONS, REPEALING OUTDATED TERMS, ADDING CO-LIVING HOUSING DEFINITIONS AND STANDARDS, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City seeks to adopt regulations allowing co-living housing, as required by House Bill (HB) 1998; and WHEREAS, HB 1998 requires cities to allow co-living housing on any lot within an urban growth area where at least six multifamily units are allowed, including lots zoned for mixed-use development; and WHEREAS, this amendment establishes standards for co-living housing related to unit eligibility, parking, and density; and WHEREAS, the City of Renton is required to implement the new co-living housing requirements by December 31, 2025, in accordance with the provisions of HB 1998; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on June 13, 2025, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and AGENDA ITEM # 7. a) ORDINANCE NO. ________ 2 WHEREAS, the Planning Commission held a public hearing on July 2, 2025, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance that are not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Section 4-2-060 of the Renton Municipal Code is amended as as shown in Exhibit A. SECTION III. Subsection 4-2-080.A.6.d. of the Renton Municipal Code is amended as follows: d. Mixed-Income Housing: Upon any site and its abutting lots in the CV zone: i. There shall be no more than: (a) One hundred (100) dwelling units for rent/lease with income restrictions; provided, that an additional ten (10) such units may be created for every twenty (20) market-rate dwelling units (e.g., if twenty (20) market-rate units are created, ten (10) more income-restricted units may be created); or (b) Two hundred (200) dwelling units for sale with income restrictions; provided, that an additional ten (10) such units may be created for every twenty (20) market-rate dwelling units; or (c) Any combination of one hundred fifty (150) or more dwelling units for rent/lease or sale with income restrictions; provided, that an additional ten (10) such units may be created for every twenty (20) market-rate dwelling units. ii. Within a site, market-rate units shall not have substantially less floor area, number of bedrooms or bathrooms as compared to the varying sizes and AGENDA ITEM # 7. a) ORDINANCE NO. ________ 3 number of bedrooms and bathrooms for income-restricted units (i.e., inasmuch as the floor area or number of bedrooms and bathrooms varies among income- restricted units, market-rate units shall have a similar mix of unit floor area and number of bedrooms and bathrooms). This provision does not apply to co-living housing. This provision can only be altered if based on a market study and in conjunction with a modification granted per RMC  4-9- 250. iii. For the purposes of these standards the terms “market-rate” and “income-restricted” dwelling units shall have the following meanings: (a) Market-rate units: dwelling units for which homeowners (and renters, if rented) do not have income eligibility restrictions and the sale price (or rent, if applicable) is not artificially restricted in any manner. (b) Income-restricted units: dwelling units that are only eligible for households or individuals earning no more than a certain income level, or for which the rent or sale price is restricted by any legal instrument. SECTION IV. Subsection 4-2-080.A.38. of the Renton Municipal Code is amended as follows: 38. Reserved. Specified use(s) are permitted when located within ¼ mile walking distance of a Major Transit Stop (Area B). The distance is measured through the creation of a walkshed, which represents the collective spatial area within a defined walking distance from major transit stops (e.g. one quarter (¼) mile). Geospatial tools incorporating major transit stop locations and mapped pedestrian networks are used to approximate and map the walkshed boundary. Lots that partially intersect or partially fall within the walkshed shall be treated as entirely within. SECTION V. Subsection 4-2-080.A.39. of the Renton Municipal Code is amended as follows: AGENDA ITEM # 7. a) ORDINANCE NO. ________ 4 39. Reserved. Specified use(s) are permitted if the net density of the corresponding zone allows at least six (6) dwelling units on the subject site. SECTION VI. Subsection 4-2-110.C.4. of the Renton Municipal Code is amended as follows: 4. DEVELOPMENT STANDARDS: The following development standards are established for ADUs: GENERAL REQUIREMENTS4, 10 Maximum Number of Units24 Two (2) ADUs are allowed per legal lot as an accessory use to a principal dwelling. Configuration Either one (1) attached ADU and one (1) detached ADU, two (2) attached ADUs, or two (2) detached ADUs. ADUs may be established within or as an addition to the principal dwelling. In RC, R-1, R-4, R-6, and R-8 zones, when two (2) ADUs are proposed, the second ADU shall comply with the location and setback requirements applicable to the principal dwelling. Maximum Gross Floor Area40 1,000 sq. ft. Maximum Building Area26, 41 1,000 sq. ft. Conversions25 If a conversion unit occupies an entire single floor of the primary dwelling, it may be allowed to increase the maximum unit size to efficiently use all the floor area. Conversion units greater than 1,250 sq. ft. shall be classified as an attached dwelling rather than ADU. Parking20 A minimum of 1.0 parking space per dwelling unit. No off-street parking required for ADUs located on lots within a ½ mile walking distance fromof a Major Transit Stop (Area A). Design Standards See RMC 4-2-115, Residential Design Standards. ATTACHED AND INTERNAL ADUs Setbacks and Building Height ADUs shall comply with the standards applicable to primary structures, pursuant to RMC 4-2-110A, Development Standards for Residential Low Density and Medium Density Zones – Primary Structures, and RMC 4- AGENDA ITEM # 7. a) ORDINANCE NO. ________ 5 2-110B, Development Standards for Residential High Density Zones. DETACHED ADUs Front Yard and Secondary Front Yard Setbacks ADUs shall comply with the location and front yard setback requirements of the underlying zone, pursuant to RMC 4-2-110A, Development Standards for Residential Low Density and Medium Density Zones and RMC 4-2-110B, Development Standards for Residential High Density Zones. Detached ADUs shall be located at least 4 ft. from any residential structure otherwise the structure shall be considered an attached ADU. Side Yard Setbacks RC and R-1 zones: 25 ft. R-4, R-6, and R-8 zones: 5 ft. R-10 and R-14 zones: 4 ft. Rear Yard Setbacks 5 ft. When located within 10 ft. of the rear property line, at least 25% of the lineal length of the rear yard shall remain unoccupied from accessory dwellings. ADUs may be sited at the rear lot line where an alley is present. Building Height23, 42 24 ft. measured to the highest point of a flat roof or the highest ridge of a pitched roof. SECTION VII. Subsection 4-2-110.F.6. of the Renton Municipal Code is amended as follows: 6. Maximum Dwelling Units per Legal Lot: A maximum number of dwelling units are allowed per legal lot, within applicable zones, as shown in the following table. For the purposes of this subsection, accessory dwelling units and single-family dwelling units are included in the calculation of maximum dwelling units per lot. For middle housing unit lot subdivisions, the maximum dwelling units per legal lot shall apply to the parent site as a whole, rather than to individual unit lots. Lots in all Applicable Zones Lots located within ¼ mile walking distance20 of a Major Transit Stop (Area B) Lots with Affordable Housing AGENDA ITEM # 7. a) ORDINANCE NO. ________ 6 4 dwelling units per lot. 6 dwelling units per lot. 6 dwelling units per lot, provided at least 2 units are reserved for affordable housing pursuant to subsection 9, Affordable Middle Housing Units. SECTION VIII. Subsection 4-2-110.F.12. of the Renton Municipal Code is amended as follows: 12. Parking and Driveway Standards: Middle housing developments shall comply with all driveway and parking design standards applicable to single family development, pursuant to RMC 4-4-080, Parking, Loading and Driveway Regulations, except for the number of required parking spaces, which shall be subject to the following: a. Off-Street Parking Spaces Required for Middle Housing: Lots 6,000 sq. ft. or Less Lots greater than 6,000 sq. ft. Lots located within ½ mile walking distance20 of a Major Transit Stop (Area B) A minimum of 1.0 per dwelling unit. A minimum of 2.0 per dwelling unit. No off-street parking required. Developers that provide off-street parking spaces, when not required by this subsection, are eligible for parking incentives pursuant to subsection 12.b of this section. b. Parking Incentives for Middle Housing Development Located within ½ Mile Walking Distance20 of a Major Transit Stop (Area B): Middle housing developments that provide off-street parking spaces as shown in the following table, when not otherwise required by this subsection, are eligible for the following parking incentives, provided the increase is feasible and consistent with the Surface Water Design Manual. For each increase in number of parking spaces provided, the applicant is eligible for an additional parking incentive. For example, applicants that provide a minimum of 2.0 parking spaces per dwelling unit are eligible for the incentives below. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 7 Number of Off-Street Parking Stalls Provided Incentives A minimum of 1.0 per dwelling unit. 10% Increase in Maximum Impervious Surface Area permitted by the subject zone, pursuant to RMC 4-2-110A; and A minimum of 2.0 per dwelling unit. 5% Increase in Maximum Building Coverage permitted by the subject zone, pursuant to RMC 4-2-110A. SECTION IX. Subsection 4-4-080.F.10.e. of the Renton Municipal Code is amended as follows: e. Parking Spaces Required Based on Land Use: USE NUMBER OF REQUIRED SPACES GENERAL: Uses not specifically identified in this Section: Department staff shall determine which of the below uses is most similar based upon staff experience with various uses and information provided by the applicant. The amount of required parking for uses not listed above shall be the same as for the most similar use listed below. Bicycle parking: See minimum requirements in subsection F11 of this Section. Parking in Excess of Maximum Standards: Maximum ratios for off-street parking facilities may be exceeded by up to 10% if the applicant implements low impact development techniques that reduce stormwater runoff and manages stormwater on site in a way that exceeds the requirements of surface water management in RMC 4-6-030. COMMERCIAL MIXED USES OUTSIDE OF CENTER DOWNTOWN ZONE: Commercial mixed use with 2 or 3 individual establishments (except vertical mixed use developments): The total requirement for off-street parking facilities shall be the sum of the requirements for each use computed separately. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 8 Shopping centers (4 or more individual commercial establishments): A minimum of 2.5 per 1,000 square feet of net floor area and a maximum of 5.0 per 1,000 square feet of net floor area. In the UC-1 and UC-2 Zones, a maximum of 4.0 per 1,000 square feet of net floor area is permitted unless structured parking is provided, in which case 5.0 per 1,000 square feet of net floor area is permitted. Drive-through retail or drive-through service uses must comply with the stacking space provisions listed below. Commercial within vertical mixed-use developments: A minimum of 2.5 per 1,000 square feet of net floor area and a maximum of 5.0 per 1,000 square feet of net floor area. In the UC-1 and UC-2 Zones, a maximum of 4.0 per 1,000 square feet of net floor area is permitted unless structured parking is provided, in which case 5.0 per 1,000 square feet of net floor area is permitted. RESIDENTIAL USES OUTSIDE OF CENTER DOWNTOWN ZONE: Detached dwellings and townhouses: A minimum of 2.0 per dwelling unit, however, 1.0 per dwelling unit may be permitted for 1 bedroom or less dwelling units. Attached dwellings in R- 10, R-14, and RMF Zones: Attached dwellings in R-10, R-14, and RMF Zones1: , A minimum and maximum of 1.6 per 3 bedroom or large dwelling unit; 1.4 per 2 bedroom dwelling unit; 1.0 per 1 bedroom or studio dwelling unit. In addition to the minimum parking stalls required, a minimum 10% of the total number of required parking spaces shall be provided for guest parking and located in a common area accessible by guests. Attached dwellings in Commercial Zones: 1.0 per dwelling unit is required. A maximum of 1.75 per dwelling unit is allowed. Affordable housing dwelling units: A minimum of 1.0 for each 4 dwelling units is required. A maximum of 1.75 per dwelling unit is allowed. Middle housing dwelling units: See RMC 4-2-110F, Development Standards for Middle Housing, for number of required parking spaces. Accessory dwelling units: See RMC 4-2-110C, Development Standards for Accessory Dwelling Units, for number of required parking spaces. Cottage house developments: A minimum and maximum of 1.6 per cottage house of 3 bedrooms or greater; 1.4 per 2- bedroom cottage house; 1.0 per 1-bedroom AGENDA ITEM # 7. a) ORDINANCE NO. ________ 9 cottage house or studio. In addition to the minimum parking stalls required, a minimum 20% of the total number of required parking spaces in the cottage house development shall be provided for guest parking and located in a common area accessible by guests. Manufactured homes within a manufactured home park: A minimum of 2.0 per manufactured home site, plus a screened parking area shall be provided for boats, campers, travel trailers and related devices at a ratio of 1.0 screened space per 10 units. Congregate residencesCo-living housing: A minimum and maximum of 1.0 per sleeping room and 1.0 for the proprietor, plus 1.0 additional space for each 4 persons employed on the premises. A minimum of 0.25 parking space per sleeping unit and a maximum of 1.0 parking space per sleeping unit. No minimum off-street parking is required for co- living housing located on lots within a ½ mile walking distance of a Major Transit Stop (Area A). Assisted living: A minimum and maximum of 1.0 space per residential unit of assisted living, plus dedicated parking spaces for facility fleet vehicles. Live-work unit, residential unit: A minimum and maximum of 1.0 per unit. RESIDENTIAL USES IN CENTER DOWNTOWN ZONE: Attached dwellings: A minimum and maximum of 1.0 per unit. Affordable housing dwelling units: 1.0 for every 4 dwelling units is required. A maximum of 1.75 per dwelling unit is allowed. Congregate residences: A minimum and maximum of 1.0 per 4 sleeping rooms and 1.0 for the proprietor, plus 1.0 additional space for each 4 persons employed on the premises. Assisted living: A minimum and maximum of 1.0 space per residential unit of assisted living, plus dedicated parking spaces for facility fleet vehicles. Detached dwellings (existing legal): A minimum of 2.0 per unit. COMMERCIAL ACTIVITIES OUTSIDE OF THE CENTER DOWNTOWN ZONE: Drive-through retail or drive-through service: Stacking spaces: The drive-through facility shall be so located that sufficient on-site vehicle stacking space is provided for the handling of motor vehicles using such facility during peak business hours. Typically 5.0 stacking spaces per AGENDA ITEM # 7. a) ORDINANCE NO. ________ 10 window are required unless otherwise determined by the Administrator. Stacking spaces cannot obstruct required parking spaces or ingress/egress within the site or extend into the public right-of-way. Banks: A minimum of 2.5 per 1,000 square feet of net floor area and a maximum of 5.0 per 1,000 square feet of net floor area. Convalescent centers: A minimum and maximum of 1.0 for every 2 employees plus 1.0 for every 3 beds. Day care centers, adult day care (I and II): A minimum and maximum of 1.0 for each employee and 2.0 drop-off/pick-up spaces within 100 feet of the main entrance for every 25 clients of the program. Hotels and motels: A minimum and maximum of 1.0 per guest room plus 1.0 for every 3 employees. Bed and breakfast houses: A minimum and maximum of 1.0 per guest room. Mortuaries or funeral homes: A minimum and maximum of 10 per 1,000 square feet of floor area of assembly rooms. Vehicle sales (large and small vehicles) with outdoor retail sales areas: A minimum and maximum of 1.0 per 5,000 square feet. The sales area is not a parking lot and does not have to comply with dimensional requirements, landscaping or the bulk storage section requirements for setbacks and screening. Any arrangement of motor vehicles is allowed as long as: • A minimum 5-foot perimeter landscaping area is provided; • They are not displayed in required landscape areas; and • Adequate fire access is provided per Fire Department approval. Vehicle service and repair (large and small vehicles): A minimum and maximum of 2.5 per 1,000 square feet of net floor area. Offices, medical and dental: A minimum and maximum of 5.0 per 1,000 square feet of net floor area. Offices, general: A minimum of 2.0 per 1,000 square feet of net floor area and a maximum of 4.5 parking spaces per 1,000 square feet of net floor area. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 11 Eating and drinking establishments and taverns: A minimum and maximum of 10 per 1,000 square feet of dining area. Eating and drinking establishment combination sit- down/drive-through restaurant: A minimum and maximum of 1.0 per 75 square feet of dining area. Retail sales and wholesale retail sales: A minimum and maximum of 2.5 per 1,000 square feet of net floor area, except wholesale retail sales, which is allowed a maximum of 5.0 per 1,000 square feet of net floor area if shared and/or structured parking is provided. Retail marijuana: A minimum of 4.0 and a maximum of 5.0 per 1,000 square feet of net floor area. Services, on-site (except as specified below): A minimum and maximum of 3.0 per 1,000 square feet of net floor area. Clothing or shoe repair shops, furniture, appliance, hardware stores, household equipment: A minimum and maximum of 2.0 per 1,000 square feet of net floor area. Uncovered commercial area, outdoor nurseries: A minimum and maximum of 0.5 per 1,000 square feet of retail sales area in addition to any parking requirements for buildings. Recreational and entertainment uses: Outdoor and indoor sports arenas, auditoriums, stadiums, movie theaters, and entertainment clubs: A minimum and maximum of 1.0 for every 4 fixed seats or 10 per 1,000 square feet of floor area of main auditorium or of principal place of assembly not containing fixed seats, whichever is greater. Bowling alleys: A minimum and maximum of 2.0 per alley. Dance halls, dance clubs, and skating rinks: A minimum and maximum of 1.0 per 40 square feet of net floor area. Golf driving ranges: A minimum and maximum of 1.0 per driving station. Marinas: A minimum and maximum of 2.0 per 3 slips. For private marina associated with a residential complex, then 1.0 per 3 slips. Also 1 loading area per 25 slips. Miniature golf courses: A minimum and maximum of 1.0 per hole. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 12 Other recreational: A minimum and maximum of 1.0 per occupant based upon 50% of the maximum occupant load as established by the adopted Building and Fire Codes of the City of Renton. Travel trailers: A minimum and maximum of 1.0 per trailer site. COMMERCIAL ACTIVITIES WITHIN THE CENTER DOWNTOWN ZONE: Convalescent center, drive-through retail, drive-through service, hotels, mortuaries, indoor sports arenas, auditoriums, movie theaters, entertainment clubs, bowling alleys, dance halls, dance clubs, and other recreational uses: These uses follow the standards applied outside the Center Downtown Zone. Retail marijuana: A minimum of 4.0 and a maximum of 5.0 per 1,000 square feet of net floor area. All commercial uses allowed in the CD Zone except for the uses listed above: A maximum of 1.0 space per 1,000 square feet of net floor area, with no minimum requirement. INDUSTRIAL/STORAGE ACTIVITIES: Airplane hangars, tie- down areas: Parking is not required. Hangar space or tie-down areas are to be utilized for necessary parking. Minimum and maximum parking for offices associated with hangars is 5.0 per 1,000 square feet. Manufacturing and fabrication, laboratories, and assembly and/or packaging operations: A minimum of 1.0 per 1,000 square feet of net floor area and a maximum of 1.5 spaces per 1,000 square feet of net floor area (including warehouse space). Self service storage: A minimum and maximum of 1.0 per 3,500 square feet of net floor area. Maximum of 3.0 moving van/truck spaces is permitted. Outdoor storage area: A minimum and maximum of 0.5 per 1,000 square feet of area. Warehouses and indoor storage buildings: A minimum and maximum of 1.0 per 1,500 square feet of net floor area. PUBLIC/QUASI-PUBLIC ACTIVITIES: AGENDA ITEM # 7. a) ORDINANCE NO. ________ 13 Religious institutions: A minimum and maximum of 1.0 for every 5 seats in the main auditorium; however, in no case shall there be less than 10.0 spaces. For all existing institutions enlarging the seating capacity of their auditoriums, 1.0 additional parking space shall be provided for every 5 additional seats provided by the new construction. For all institutions making structural alterations or additions that do not increase the seating capacity of the auditorium, see “outdoor and indoor sports arenas, auditoriums, stadiums, movie theaters, and entertainment clubs.” Medical institutions: A minimum and maximum of 1.0 for every 3 beds, plus 1.0 per staff doctor, plus 1.0 for every 3 employees. Cultural facilities: A minimum and maximum of 40 per 1,000 square feet. Public post office: A minimum and maximum of 3.0 for every 1,000 square feet. Secure community transition facilities: A minimum and maximum of 1.0 per 3 beds, plus 1.0 per staff member. Schools: Elementary and junior high: A minimum and maximum of 1.0 per employee. In addition, if buses for the transportation of students are kept at the school, 1.0 off-street parking space shall be provided for each bus of a size sufficient to park each bus. Senior high schools: public, parochial and private: A minimum and maximum of 1.0 per employee plus 1.0 space for every 10 students enrolled. In addition, if buses for the private transportation of children are kept at the school, 1.0 off-street parking space shall be provided for each bus of a size sufficient to park each bus. Colleges and universities, arts and crafts schools/studios, and trade or vocational schools: A minimum and maximum of 1.0 per employee plus 1.0 for every 3 student rooming units, plus 0.5 space for every full-time student not residing on campus. In addition, if buses for transportation of students are kept at the school, 1.0 off-street parking space shall be provided for each bus of a size sufficient to park each bus. SECTION X. Section 4-4-155.B of the Renton Municipal Code is amended as follows: AGENDA ITEM # 7. a) ORDINANCE NO. ________ 14 B. APPLICABILITY: The standards of this Section shall apply to all attached dwelling units, excluding Middle Housing and co-living housing. SECTION XI. Section 4-11-010 of the Renton Municipal Code is amended as follows: For the purpose of this Title, the following words, terms, phrases and their derivations shall have the meaning given herein, unless the context otherwise indicates. 4-11-010 DEFINITIONS A: A. ABANDONMENT OF UNDERGROUND STORAGE FACILITIES: See RMC 4- 5-120G. B. ABUTTING: Lots sharing one or more property lines or easements; provided, that any improved or unimproved right-of-way of the City, other cities, or the State shall, for the purposes of this definition, disqualify lots as abutting. C. ACCESS EASEMENT: See EASEMENT, ACCESS. D. ACCESSORY BUILDING: A subordinate building located upon the same lot occupied by a principal use or building with which it is customarily associated, but clearly incidental to. This definition excludes accessory dwelling units. E. ACCESSORY DWELLING UNIT: See DWELLING UNIT, ACCESSORY. F. ACCESSORY USE, AGRICULTURE OR ANIMAL HUSBANDRY: Subordinate and incidental uses, typically located upon the same lot, which support the agricultural or animal husbandry use of a site including, but not limited to the storage of agricultural products and equipment, and the sheltering of animals. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 15 G. ACCESSORY USE, COMMERCIAL/INDUSTRIAL/PUBLIC/COMMUNITY FACILITY: A use typically subordinate in size to the principal commercial, industrial, public, community facility, or other similar principal use; that would not contribute significantly to traffic generation, noise, or nuisance; and that supports the primary use operation without displacing it. Uses are typically located upon the same lot occupied by a principal use. H. ACCESSORY USE, RESIDENTIAL: A subordinate use, which supports the principal residential use without displacing it, typically located upon the same lot occupied by the principal residential use with which it is customarily associated, but clearly incidental to. The accessory use is typically subordinate in size and supports the principal residential use without displacing it. I. ACT, SHORELINE MANAGEMENT: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) The Shoreline Management Act of 1971, chapter 90.58 RCW as amended. J. ACTIVE RECREATION: See RECREATION, ACTIVE. K. ACTIVITY: A happening associated with a use; the use of energy toward a specific action or pursuit. Examples of shoreline activities include but are not limited to fishing, swimming, boating, dredging, fish spawning, wildlife nesting, or discharging of materials. Not all activities necessarily require a shoreline location. L. ADDITIONAL ANIMALS LICENSE: An annually renewed license issued by the Finance Department to individuals permitted to keep additional animals. M. ADDITIONAL ANIMALS PERMIT: A conditionally granted permit for the keeping of household pets and/or domestic animals, when they are accessory, at greater numbers than allowed outright. For dogs, cats, and/or combinations of dogs and cats the maximum number allowable with this permit is six (6). Animals kept in small animal hospitals, clinics, pet shops, or grooming services are excluded from this definition. N. ADJACENT: Lots located across a street, railroad, or right-of-way, except limited access roads. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 16 O. ADMINISTRATIVE HEADQUARTERS OFFICE: A use containing one or more of the day-to-day functions (e.g., management, payroll, information systems, inventory control) related to the operation of a company or affiliated corporate group. P. ADMINISTRATOR: Unless otherwise specified in this Title, Administrator shall mean the Administrator of the Department of Community and Economic Development or designee. Q. ADULT DAY CARE/HEALTH: A program designed to meet the needs of adults with functional impairments through an individualized plan of care. It is a structured, comprehensive program that provides a variety of health, social, and related support services in a protective setting during any part of a day for a minimum of four (4) hours, but less than twenty four (24) hour care. While beds may be provided for rest periods, adult day care/health uses are not intended to function as residential facilities. A number, where specified, is the maximum number of clients present at any one period of time during the program operation. Adult day care/health programs are subclassified as follows: 1. Adult Day Care/Health Category I: A maximum of four (4) clients upon a property containing a residential use; and a maximum of twelve (12) clients upon a property in nonresidential use. 2. Adult Day Care/Health Category II: Five (5) or more clients upon a property containing a residential use; and thirteen (13) or more clients upon a property in nonresidential use. R. ADULT ENTERTAINMENT BUSINESS: 1. Any enterprise which, for money or any other form of consideration, features “adult live entertainment” as defined herein; or 2. Any “adult motion picture theater” as defined herein; or AGENDA ITEM # 7. a) ORDINANCE NO. ________ 17 3. Any adult arcade containing individual viewing areas or stations or booths, where for money or any other form of consideration one or more still or motion picture projectors, slide projectors, or similar machines, or other image-producing machines are used to show films, motion pictures, video cassettes, slides or other photographic reproduction of specified sexual activities or specified anatomical areas. S. ADULT FAMILY HOME: A state-licensed facility providing personal care, room and board within a dwelling unit to more than one person, but not more than four (4) adults, not related by blood or marriage to the person(s) providing the service. A maximum of eight (8) adults may be permitted if the Washington State Department of Social and Health Services determines the home is of adequate size and the home and provider are capable of meeting standards and qualifications as provided for in chapters 70.128 RCW and 388-76 WAC. T. ADULT LIVE ENTERTAINMENT: A person appearing nude or a live performance which is characterized by specified sexual activities as defined in RMC 4-11-190. This definition includes, but is not limited to, peep shows. U. ADULT MOTION PICTURE THEATER: An enclosed building used for presenting motion picture films, video cassettes, cable television, or any other such visual media for observation by patrons there, distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. V. ADULT RETAIL USE: A retail establishment which, for money or any other form of consideration, either: (1) has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing or use, off the premises, any adult-oriented merchandise; or (2) provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/or provide for viewing or use, off the premises, any adult-oriented merchandise. W. ADULT-ORIENTED MERCHANDISE: Any goods, products, commodities, or other wares, including but not limited to, videos, CD roms, DVDs, magazines, books, pamphlets, posters, cards, periodicals or nonclothing novelties, which depict, describe or simulate specified anatomical areas or specified sexual activities. This definition is not intended to include movies rated R by the Motion Picture Association of America or its successor organization. X. AFFORDABLE HOUSING: A dwelling unit reserved for occupancy as a primary residence by an eligible household that qualifies as affordable under applicable program eligibility requirements. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 18 Y. AGGRIEVED PARTY: A person seeking to protect what must be “arguably within the zone of interests to be protected or regulated by the statute or constitutional guarantee in question” and must allege an “injury in fact,” i.e., that he or she will be specifically and perceptibly harmed by the proposed action. Z. AGRICULTURE: Use of land for growing crops for sale or consumption, other than for home agriculture. This use includes the accessory uses for sales, packing, treating, or storing the produce; provided, that the operation of the accessory use is clearly incidental to the agricultural activity. This definition includes but is not limited to produce farms, vineyards, and Christmas tree farms. This definition excludes nurseries and animal husbandry. AA. AGRICULTURE, HOME: The accessory use of land to grow crops at a small or limited scale, for sale or consumption, when it occurs on the same site as the residence of the person primarily responsible for the crops. BB. AIR GAP: See RMC 4-6-100. CC. AIRPLANE SALES AND REPAIR: Facilities where airplanes are displayed for sale and/or brought for repair services. DD. AIRPORT COMPATIBLE LAND USE: Uses and structures within the Airport Influence Area that must be considered as to compatibility with aviation operations associated with the Renton Municipal Airport. EE. AIRPORT HAZARD: Any structure, tree or use of land which obstructs the air space required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to landing or takeoff of aircraft. FF. AIRPORT INFLUENCE AREA: The area defined by the outer perimeter of “Safety Zone Six,” the Traffic Pattern Zone, on the Airport Influence Area Map (RMC 4-3-020F). GG. AIRPORT, MUNICIPAL: The Renton Municipal Airport, a general aviation facility located in Renton, Washington. HH. AIRPORT-RELATED USES: Uses that require proximity and access to an airport runway. II. ALLEY: A vehicular right-of-way not over thirty feet (30') wide which is not designed for general travel and primarily used as means of vehicular and pedestrian access to the rear of abutting properties. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 19 JJ. ALTERATION OF WATERCOURSE: Any action that will change the location of the channel occupied by water within the banks of any portion of a riverine water body. KK. ANIMAL FOSTER CARE PROVIDER: A homeowner and/or tenant who cares for an animal or animals not considered their household pet/pets or domestic animal/animals on a temporary basis that is not longer than one hundred twenty (120) days per animal. LL. ANIMAL HUSBANDRY: The raising of domestic animals other than common household pets. MM. ANIMALS, DOMESTIC: Animals that have been bred to be tame, are dependent on human intervention for food and shelter, and are kept continually at the premises of the owner. These animals are to include: large lot domestic animals, medium lot domestic animals, small lot domestic animals, and other animals as approved by the Community and Economic Development Administrator. Bees, peafowl, and roosters are excluded from this definition. NN. ANIMALS, DOMESTIC – EXTRA LARGE LOT: Livestock to include horses, donkeys, cows, llamas and other animals of similar size and characteristics as approved by the Development Services Division. OO. ANIMALS, DOMESTIC – LARGE LOT: Animals that typically require a lot size of at least one acre; to include goats, pigs, and other animals of similar size and characteristics as approved by the Development Services Division. PP. ANIMALS, DOMESTIC – MEDIUM LOT: Animals that typically require at least twelve thousand five hundred (12,500) gross square feet of lot size; to include miniature goats that are smaller than twenty-four inches (24") at the shoulder and/or not more than one hundred fifty (150) pounds in weight, sheep and other animals of similar size and characteristics as approved by the Development Services Division. QQ. ANIMALS, DOMESTIC – SMALL LOT: Animals that typically require at least four thousand five hundred (4,500) gross square feet of lot size; to include chickens, ducks, geese, pigeons, and other animals of similar size and characteristics as approved by the Development Services Division. RR. APPEAL: A request for a review of any action pursuant to this Title, or of the interpretation of any provision of the Title by any City official. SS. APPELLANT: A person, organization, association or other similar group who files a complete and timely appeal as set forth in Renton Municipal Code. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 20 TT. APPLICANT: A person who files an application of permit under this Title and who is either the owner of the land on which that proposed activity would be located, a contract vendee, a lessee of the land, the person who would actually control and direct the proposed activity, or the authorized agent of such a person. UU. APPROVED: See RMC 4-6-100. VV. AQUACULTURE: The culture of farming of aquatic animals and plants. WW. AQUIFER: A geological unit of porous and permeable rock, sand or gravel capable of yielding usable amounts of water. XX. AQUIFER PROTECTION AREA (APA): Shall be the portion of an aquifer within the zone of capture and recharge area for a well or well field owned or operated by the City, and as identified in the City of Renton’s COR Maps, the City’s online interactive mapping application available through the City’s website. The term shall be synonymous with “wellhead protection area.” YY. AQUIFER PROTECTION AREA PERMIT: An authorization by the Department for a person to store, handle, treat, use or produce a hazardous material within an APA. The two (2) types of permits that will be issued pursuant to RMC 4-9-015, Aquifer Protection Areas Permits, and RMC 4-3- 050, Critical Areas Regulations, are an operating permit and a closure permit. ZZ. ARBORIST, CITY: The Urban Forestry and Natural Resources Manager of the City of Renton, or his or her designee. AAA. AREA OF SHALLOW FLOODING: A designated zone AO, AH, AR/AO or AR/AH (or VO) on a community’s Flood Insurance Rate Map (FIRM) with a one percent (1%) or greater annual chance of flooding to an average depth of one to three feet (1 to 3') where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area. BBB. AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard.” CCC. ARTERIAL: A street classified as a principal arterial on the City’s Arterial Street Plan. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 21 DDD. ARTERIAL PASS-THROUGH TRAFFIC: Traffic that has neither an origin nor destination in an affected area which is diverted from an arterial road. EEE. ARTERIAL STREET: See STREET, ARTERIAL. FFF. ARTICULATION: The giving of emphasis to architectural elements (like windows, balconies, entries, etc.) that create a complementary pattern or rhythm dividing large buildings into smaller identifiable pieces. GGG. ARTIFICIAL CHANNEL: A stream channel that is entirely manmade but does not include relocated natural channels. HHH. ARTS AND CRAFTS SCHOOLS/STUDIOS: See SCHOOLS/STUDIOS, ARTS AND CRAFTS. III. ASSEMBLY AND PACKAGING OPERATIONS: A facility where pre- manufactured components are assembled to construct a product. Products may be packaged and moved off-site for wholesale or retail sale. This use includes but is not limited to assembly and packaging of computer, electronics, office equipment, chemicals and allied products, fabricated metal products, and other products. JJJ. ASSISTED LIVING: A facility containing two (2) or more dwelling units where residents live in private units and receive assistance with limited aspects of personal care, such as taking medication, bathing, or dressing. Staff is on duty twenty four (24) hours per day to ensure the welfare and safety of residents. Dwelling units include a full kitchen (sink, oven or range, and refrigerator) or a kitchenette, a bathroom, a living area, and may include a call system. On the premises, facilities include: a professional kitchen, common dining room, recreation area(s), activity room, and a laundry area. Meals may be provided multiple times daily in a common dining area. This definition does not include: convalescent centers, congregate residencesco-living housing, boarding and lodging houseshomes, adult family homes, and group homes I and II. KKK. ATTIC: A finished or unfinished area, not considered a story, located between the upper surface of the topmost floor and the ceiling or roof above, and having a floor-to-ceiling height of seven feet (7') or greater for an area that constitutes no more than fifty percent (50%) of the building footprint. LLL. AUTOMOBILE: See VEHICLE. MMM. AUXILIARY WATER SUPPLY: See RMC 4-6-100. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 22 NNN. AVERAGE DAILY TRAFFIC (ADT): The average number of motor vehicles crossing in one direction per working day for any continuous thirty (30) day period. OOO. AVERAGE HORIZONTAL ILLUMINATION: The quantity of light measured at the pavement surface and averaged over the traveled lanes expressed in foot-candles. PPP. AVIATION-RELATED USES: Uses that offer aeronautical services to the public or provide support services to airport-related uses. QQQ. AWNING: A shelter, typically for a pedestrian walkway, that projects from and is supported by the exterior wall of a building. Awnings have noncombustible frames, but may have combustible coverings. Awnings may be fixed, retractable, folding or collapsible. Any structure which extends above any adjacent parapet or roof of a supporting building is not included within the definition of awning. SECTION XII. Section 4-11-020 of the Renton Municipal Code is amended as follows: 4-11-020 DEFINITIONS B: A. BACKFLOW: See RMC 4-6-100. B. BACKFLOW PREVENTER: See RMC 4-6-100. C. BACKGROUND AREA: The entire face of a sign upon which text and/or graphics could be placed. D. BACKSIPHONAGE: See RMC 4-6-100. E. BASE FLOOD: A flood having a one percent (1%) chance of being equaled or exceeded in any given year. Also referred to as the “one hundred (100) year flood.” Designation on flood maps always includes the letters A or V. F. BASE FLOOD ELEVATION (BFE): The elevation to which floodwater is anticipated to rise during the base flood. G. BASEMENT: Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. H. BASEMENT: (This definition for RMC 4-3-050, flood hazard regulations, use only.) Any area of the building having its floor subgrade (below ground level) on all sides. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 23 I. BATTERY ENERGY STORAGE SYSTEM FACILITY: One or more utility-scale energy storage systems designed to receive, store, and discharge energy to and from the electrical grid or energy generation facility for later use. Battery energy storage systems generally consist of batteries assembled together and may include on-site switchyard, inverters, associated interconnection transmission line, and supervisory control and data acquisition system. This definition excludes individual residential and commercial use systems for on- site energy use, standalone twelve (12) volt car battery or electric motor vehicles, and other consumer products. J. BED AND BREAKFAST HOUSE, ACCESSORY: Overnight accommodations and a morning meal in a dwelling unit with less than four (4) guest rooms provided to transients for compensation. Accessory bed and breakfast houses are proprietor-occupied, or the proprietor lives on a contiguous property, and morning meals are provided to the house residents and the overnight guests only. This definition does not include congregate residences, professional bed and breakfast houses, hotels, or motels. K. BED AND BREAKFAST HOUSE, PROFESSIONAL: Overnight accommodations and a morning meal in a dwelling unit with four (4) to ten (10) guest rooms provided to transients for compensation. Professional bed and breakfast houses are proprietor-occupied, or the proprietor lives on a contiguous property, and morning meals are provided to the house residents and the overnight guests only. This definition does not include congregate residences, accessory bed and breakfast houses, hotels, or motels. L. BEDROCK: In-place subsurface material consisting of solid rock. M. BEEKEEPING: The management and maintenance of colonies of honeybees. N. BEST MANAGEMENT PRACTICES, WETLANDS: Conservation practices or systems of practices and management measures that: 1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins and sediment; 2. Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to the chemical, physical and biological characteristics of wetlands; and 3. Includes allowing proper use and storage of fertilizers/pesticides. O. BINDING SITE PLAN: A drawing as authorized by chapter 58.17 RCW and provided for in RMC 4-7-230 which: AGENDA ITEM # 7. a) ORDINANCE NO. ________ 24 1. Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by RMC 4-8-120C, Submittal Requirements; and 2. Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the City; and 3. Contains provisions requiring site development to be in conformity with the approved binding site plan. P. BLOCK: A block consists of two (2) facing block fronts bounded on two (2) sides by alleys or rear property lines and on two (2) sides by the centerline of platted streets, with no other intersecting streets intervening. Q. BLOCK FRONT: A block front is the frontage of property along one side of a street bound on three (3) sides by the centerline of platted streets and on the fourth side by an alley or rear property lines. R. BMPs: Best management practices, see supra, and RMC 4-6-100. S. BOARDING HOUSE: See CONGREGATE RESIDENCE. TS. BOAT LAUNCHING RAMP: A facility with an inclined surface extending into the water which allows launching of boats directly into the water from trailers. UT. BODY SHOP: An establishment which conducts any of the following operations: 1. Collision repair services, including body, frame or fender straightening, repair, or replacement; and/or 2. Overall painting of vehicles or painting of vehicles in a paint shop, but excluding minor painting with an airbrush or roller brush utilized in customizing or detailing operations; and/or AGENDA ITEM # 7. a) ORDINANCE NO. ________ 25 3. Welding, molding, and similar operations conducted on vehicles. VU. BREAKWATER: A protective structure, usually built off-shore for the purpose of protecting the shoreline or harbor area from wave action. WV. BUFFER, CRITICAL AREA: A naturally vegetated and undisturbed, enhanced, or revegetated area that surrounds and protects a critical area from adverse impacts to its functions and values, and/or which protects developed areas from potentially hazardous conditions. XW. BUFFER, LANDSCAPE: Landscaped area used to physically separate or screen one use or property from another so as to visually shield or block views, noise, lights, or other potential nuisances. YX. BUFFER, SHORELINES: A strip of land that is designated to permanently remain vegetated in an undisturbed and natural condition to protect an adjacent aquatic, riparian, or wetland site from upland impacts, to provide habitat for wildlife and to afford limited public access. Uses and activities within the buffer are extremely limited. The buffer is measured horizontally upland from and perpendicular to the OHWM. ZY. BUILDABLE AREA: The portion of a lot or site, exclusive of required yard areas, setbacks, landscaping or open space within which a structure may be built. AAZ. BUILDING: As defined by the International Building Code. BBAA. BUILDING: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) Any structure having a roof intended to be used for the shelter or enclosure of persons, plants, animals or property. CCBB. BUILDING CODE: The International Building Code, promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. DDCC. BUILDING COMPLEX, MULTIPLE: A group of structures housing more than one type of retail business, office or commercial venture and generally under one ownership and control. EEDD. BUILDING DRAIN: See RMC 4-6-100. FFEE. BUILDING FACADE: That portion of any exterior elevation of a building extending from the grade to the top of the parapet wall or eaves, and the entire width of the building elevation. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 26 GGFF. BUILDING FOOTPRINT: The area of a lot or site included within the surrounding exterior walls of a building or portion of a building, exclusive of courtyards. In the absence of surrounding exterior walls, the building footprint shall be the area under the horizontal projection of the roof. HHGG. BUILDING HEIGHT: The measurement of building height depends on the applicable zone, as follows: 1. Within the RC, R-1, R-4, R-6, R-8, R-10, R-14, and RMF Zones: Primary structures and accessory dwelling units shall be measured by the vertical distance from grade plane to the highest wall plate combined with the height of any portion of the structure that extends above the wall plate (e.g., roof, deck, etc.), excluding chimneys, ventilation stacks, and similar elements as determined by the Administrator. Detached accessory structures shall be measured by the vertical distance from grade plane to the average height of the highest roof surface. 2. All Other Zones: The vertical distance from grade plane to the average height of the highest roof surface. IIHH. BUILDING, MULTI-OCCUPANCY: A single structure housing more than one type of retail business, office or commercial venture and generally under one ownership and control. JJII. BUILDING OFFICIAL: The officer or other person charged with the administration and enforcement of the IBC and the building-related provisions of this Title, or his duly authorized deputy. KKJJ. BUILDING, SINGLE OCCUPANCY: A building occupied by a single tenant. A building is considered to be “single occupancy” if: 1. It has only one occupant; and 2. It has no wall in common with another building; and 3. It has no part of its roof in common with another building. LLKK. BUILDING STEP-BACK: A building step-back applies to stories above the ground floor and is the horizontal distance between one or more stories of a building façade relative to the building façade of the floor directly below. MMLL. BULK STORAGE: See STORAGE, BULK. NNMM. BULKHEAD: A vertical wall constructed of rock, concrete, timber, sheet steel, gabions, or patent system materials. Rock bulkheads are often AGENDA ITEM # 7. a) ORDINANCE NO. ________ 27 termed “vertical rock walls.” Seawalls are similar to bulkheads, but more robustly constructed. OONN. BUOY: A floating object anchored in a lake, river, etc., to warn of rocks, shoals, etc., or used for boat moorage. PPOO. BUSINESS FACADE: That portion of an exterior building wall owned or leased by a business. SECTION XIII. Section 4-11-030 of the Renton Municipal Code is amended as follows: 4-11-030 DEFINITIONS C: A. CALIPER: The diameter of any tree trunk as measured at a height of four and one-half feet (4-1/2') above the ground on the upslope side of the tree. B. CANOPY, BUILDING: A rigid multi-sided structure covered with fabric, metal or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities. Any structure which extends above any adjacent parapet or roof of supporting building is not included within the definition of building canopy. C. CAR: See VEHICLE. D. CAR WASH: A structure with machine-operated or hand-operated facilities used principally for the cleaning, washing, polishing, or waxing of motor vehicles. E. CARD ROOM: A use governed pursuant to the provisions of chapter 9.46 RCW, 1973 Gaming Act, and licensed by the Washington State Gambling Commission that is ancillary to a permitted use where food and AGENDA ITEM # 7. a) ORDINANCE NO. ________ 28 beverages are served on the premises and whose purpose is to serve as a commercial stimulant to the principal activities associated with the primary use. F. CARETAKER’S RESIDENCE: A dwelling unit located on the site of a nonresidential use and occupied only by a caretaker or guard employed on the premises, and consisting of only one residence per permitted establishment. G. CARPOOL: A group of people traveling to the same or relatively nearby locations in the same vehicle. H. CARPORT: A roofed structure, enclosed on less than three sides, without interior parking aisles, for the purpose of storing motor vehicles. I. CEMETERY: Property used for interring of the dead. This definition includes accessory buildings, crematories, and mausoleums. J. CENTER, EMPLOYMENT: An area of higher intensity uses that typically employs thousands of people that is contained by a boundary to prevent it from encroaching on adjacent areas and/or neighborhoods. K. CERTIFIED: A facility and staff qualified and able to provide certain tests and measurements relating to specific tasks and based upon established standards. L. CHANNEL MIGRATION ZONE: The area along a river within which the channel(s) can be reasonably predicted to migrate over time as a result of natural and normally occurring hydrological and related processes when considered with the characteristics of the river and its surroundings. M. CIRCULATION: The movement of passengers or goods to, from, over, or along a transportation corridor. N. CITY COUNCIL: The City Council of the City of Renton, Washington. O. CITY GOVERNMENT OFFICES: Offices for City administration and/or provision of services to the public. This definition includes but is not limited to City Hall. P. CIVIL ENGINEER: A professional engineer registered in the State to practice in the field of civil works. Q. CLEAR VISION AREA: The area bounded by the street property lines of corner lots and a line joining points along said street lines twenty feet (20') from their point of intersection. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 29 R. CLOSED RECORD APPEAL: An administrative appeal on the record to a local government body or officer including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. S. CLOSURE OF UNDERGROUND STORAGE FACILITIES: See RMC 4-5- 120G. T. CLUSTER DEVELOPMENT: A residential subdivision comprised of a grouping of single family dwellings on small lots designed to include significant open space or preserve significant natural features, which are commonly held by the residents, in exchange for modifications to certain development standards (e.g., lot dimensions, setbacks, and building standards). AGENDA ITEM # 7. a) ORDINANCE NO. ________ 30 U. COFFEE STAND: A retail business serving primarily coffee, beverages, and other related goods and merchandise, typically for off-site consumption by the traveling public. This definition excludes eating and drinking establishments and walk-up windows. V. CO-LIVING HOUSING: See DWELLING UNIT. W. COLLECTION POINT: The exterior location designation for garbage and recyclables collection by the City’s contractor or other authorized haulers. WX. COLLECTOR STREET: See STREET, COLLECTOR. XY. COMBINED PUBLIC DETENTION: A stormwater detention system designed to accommodate runoff from both public streets and private property. YZ. COMBINED SEWER: See RMC 4-6-100. ZAA. COMMERCIAL LAUNDRIES: A facility where clothing or other fabrics are washed, dried, or dry cleaned for other businesses or institutions. This definition does not include laundromats. AABB. COMMERCIAL USE: A type of land use that includes commercial office activities, services and/or retail sales. BBCC. COMMISSARY KITCHEN: A facility providing leasable commercial kitchen space where food operators prepare, store, portion, or package food, typically intended for off-site sale and consumption. Facilities are typically shared among two (2) or more tenants and may be utilized to fulfill mobile food orders associated with platform-based food-delivery services. Operations may occur as a primary use or as an accessory use to an eating and drinking establishment, as governed by the underlying zoning designation. CCDD. COMMON SPACE AREA (COMMON AREA, COMMON OPEN SPACE, COMMON SPACE): Land that is designed and intended for common use or enjoyment and may include such structures and improvements as are necessary and appropriate. DDEE. COMMUNICATION BROADCAST AND RELAY TOWERS: Establishments that provide point-to-point communication services, whether by wire or radio, including radio and television broadcasting stations and the exchange or recording of messages. This definition excludes all terms related to wireless communication facilities. EEFF. COMMUNITY ACCESS: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A means of physical approach to AGENDA ITEM # 7. a) ORDINANCE NO. ________ 31 and/or along the shoreline available to the residents, tenants, customers, patrons, guests, and/or other authorized users of a development. Community access may also include space set aside for outdoor recreation including: picnic areas, view points, water craft launch facilities, and may also include other similar features. FFGG. COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATOR: The Administrator of the Department of Community and Economic Development or designee. GGHH. COMMUNITY HEALTH ENGAGEMENT LOCATION (CHEL): A location designed to provide a hygienic environment where individuals are able to consume illegal or illicit drugs intravenously or by any other means. A CHEL includes all uses established or activities undertaken for the above-defined purpose, irrespective of how the use or activity is described. A CHEL may also be referred to as a “medically supervised injection center,” “supervised injection site or facility,” “safe injection site,” “fix room,” or “drug consumption facility.” HHII. COMPACTION: The densification of an earthen fill by mechanical means. IIJJ. COMPENSATION PROJECT: Actions necessary to replace project- induced wetland and wetland buffer losses, including land acquisition, planning, construction plans, installation, monitoring and contingency actions. JJKK. COMPENSATORY MITIGATION: Replacing project-induced wetland losses or impacts, including but not limited to wetlands restoration and creation, and wetland enhancement in conjunction with wetlands restoration or creation. KKLL. COMPLETE APPLICATION: Unless waived by the Community and Economic Development Administrator, the requirements for a full complete land use, building, or public works permit application shall consist of the information listed in RMC 4-8-120A, B and C, any site-specific information identified in a pre-application meeting summary, and any required application fee pursuant to the City of Renton Fee Schedule. LLMM. COMPREHENSIVE PLAN: The plans, maps and reports that comprise the official development plan and twenty (20) year “vision” for the future physical design and character of the City as adopted by the City Council in accordance with chapter 35.63 RCW. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 32 MMNN. CONCEPTUAL PLAN: A development tool designed to provide a comprehensive overview of proposed uses, site layout, infrastructure concepts, phasing and amenities. A conceptual plan approval establishes conditions with which all concurrent and subsequent land use approvals within its geographic area must comply, unless the conceptual plan itself is amended. It also provides long-term guidance for a larger area than either master plan or detailed site plan review was intended for, so that continuity of the overall development is maintained. NNOO. CONDITIONAL USE, SHORELINE: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A use, development, or substantial development which is classified as a conditional use or is not classified within the applicable Master Program. OOPP. CONDOMINIUM: Real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to chapter 64.32 RCW. PPQQ. CONDOMINIUM CONVERSIONS: The filing of a declaration pursuant to the Horizontal Property Regimes Act, of the sale by a developer of condominium units that were previously rental units. QQRR. CONFERENCE CENTERS: Facilities where large gatherings of people converge to meet on a variety of subjects. These facilities are characterized by one large space where exhibits are set up and numerous adjoining meeting rooms. This definition excludes sports arenas, auditoriums, and exhibition halls. RR. CONGREGATE RESIDENCE: Any building or portion thereof that contains facilities for living, sleeping and sanitation and may include facilities for eating and cooking for occupancy for other than a family. A “congregate residence” may include a boarding house, but does not include a group home I or II, convalescent center, jail, hotel, motel or secure community transition facility. (Amd. Ord. 4982, 9-23-2002) SS. CONSERVANCY: A Shoreline Master Program land use designation identifying an area to be managed in essentially its natural state while providing for a moderate to low intensity of land uses surrounding the area. TT. CONSTRUCTION ACTIVITIES: Construction and all activities associated with construction, to include, but not be limited to, construction, remodeling, repair, and maintenance of structures, equipment, roads, and utilities; AGENDA ITEM # 7. a) ORDINANCE NO. ________ 33 mining; grading; landfilling; and excavating. Construction activities may be regulated by permits issued by the City including, but not limited to, public works construction permits, building permits, and mining, excavation, and grading permits and licenses. UU. CONSTRUCTION/CONTRACTOR’S OFFICE: An area where a construction contractor maintains its office, as well as storage for equipment and materials, for the construction and landscaping trades. VV. CONSTRUCTION WASTE: Solid waste resulting from the building or renovation of buildings, roads and other human-made structures. Construction waste includes, but is not limited to, materials such as plasterboard, cement, dirt, wood, and brush. WW. CONTAINMENT DEVICE: A device that is designed to contain an unauthorized release, retain it for cleanup and prevent released materials from penetrating into the ground. XX. CONTAMINANT: See RMC 4-6-100. YY. CONTIGUOUS PROPERTIES: Properties sharing a property line. ZZ. CONTINUOUS MONITORING: See RMC 4-5-120G. AAA. CONVALESCENT CENTER: A facility licensed by the State for patients who are recovering health and strength after illness or injury, or receiving long- term care for chronic conditions, disabilities, or terminal illnesses. Facilities provide twenty-four (24) hour supervised nursing care and feature extended treatment that is administered by a skilled nursing staff. Typically, residents do not live in individual units and the facilities provide personal care, room, board, laundry service, and organized activities. This definition does not include adult family homes, assisted living, group homes II, medical institutions, and/or secure community transition facilities. BBB. CONVERTED BUILDING: Any condominium or cooperative which formerly contained rental dwelling units. CCC. COOPERATIVE: Any existing structure, including surrounding land and improvements, which contains one or more dwelling units and which: (a) is owned by an association organized pursuant to the Cooperative Association Act (chapter 23.86 RCW); or (b) is owned by an association with resident shareholders who are granted renewable leasehold interests in housing units in the building. DDD. COOPERATIVE UNIT: Any dwelling unit in a cooperative. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 34 EEE. COPY: The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. FFF. CORNER LOT: See LOT TYPES; Lot, Corner. GGG. CORRIDOR: A strip of land forming a passageway between two (2) otherwise separate parts. HHH. COTTAGE HOUSE DEVELOPMENT: A unit-lot subdivision consisting of at least three (3) unit lots containing small scale (no more than one thousand five hundred (1,500) gross square foot) detached, single-family dwelling units clustered around a shared common open space. III. COUNTY AUDITOR: As defined in chapter 36.22 RCW or the office of the person assigned such duties under the King County Charter. JJJ. COVID-19 DEINTENSIFICATION SHELTER: A facility (whether a separate structure, or situated inside or outside a building or a portion of a building) used for the relocation of homelessness shelters and encampments for the purposes of de-intensifying or reducing density in response to the novel coronavirus (COVID-19) pandemic. A COVID-19 deintensification shelter that meets the definition of a homeless services use – overnight shelter – is both a COVID-19 deintensification shelter and a homeless services use – overnight shelter. KKK. CRITICAL AREAS: Wetlands, aquifer protection areas, fish and wildlife habitat, frequently flooded and geologically hazardous areas as defined by the Growth Management Act and RMC 4-3-050, Critical Areas Regulations. LLL. CRITICAL FACILITY: A facility for which even a slight chance of flooding, high geologic hazard, or inundation in the areas of flood hazard or volcanic hazard might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and facilities that produce, use or store hazardous materials or hazardous waste. MMM. CRITICAL HABITAT or CRITICAL WILDLIFE HABITAT: Habitat areas associated with threatened, endangered, sensitive, monitored, or priority species of plants or wildlife and which, if altered, could reduce the likelihood that the species would maintain and reproduce over the long term. See also RMC 4-3-050. NNN. CROSS CONNECTION: See RMC 4-6-100. OOO. CUL-DE-SAC: A vehicular turn-around at the end of a dead end street. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 35 PPP. CULTURAL FACILITIES: Facilities which offer passive entertainment and enjoyment activities to the general public. This definition includes, but is not limited to, museums and libraries. This definition excludes adult entertainment businesses; dance halls; dance clubs; religious institutions; and gaming/gambling facilities. QQQ. CURB: A vertical curb and gutter section constructed from concrete. SECTION XIV. Section 4-11-040 of the Renton Municipal Code is amended as follows: 4-11-040 DEFINITIONS D: A. DANCE CLUB: Any facility, restricted to adults over twenty one (21) years of age, at which dancing occurs, as a primary form of entertainment. This definition excludes adult entertainment businesses, entertainment clubs, and gaming/gambling facilities, dance halls and other establishments conducting public dances as defined in RMC 5-13-1. B. DANCE HALL: Any place where a public dance, as defined in RMC 5-13-1, is conducted without restriction on age, or restricted to minors only. Dance halls are further regulated under RMC Title 5 and require a license to operate. This definition excludes adult entertainment businesses, dance clubs, entertainment clubs, and gaming/gambling facilities. C. DANGEROUS BUILDING: As defined by the “Uniform Code for the Abatement of Dangerous Buildings.” D. DATA CENTER: A facility used primarily for off-site storage of computer systems and associated components including applications and secure data. Some data centers may include maintenance areas and a small office. Data centers may be occupied by single or multiple tenants, but typically have a small number of employees and visitors. See RMC 4-11-230, WAREHOUSING. E. DAY CARE CENTER: A day care operation licensed by the State of Washington (WAC 388-73-014), for thirteen (13) or more children in any twenty four (24) hour period, or any number of children in a nonresidential structure. This definition does not include adult day care/health. F. DAY CARE, FAMILY, HOME: A day care operation licensed by the State of Washington (WAC 388-73-014), caring for twelve (12) or fewer children in any twenty four (24) hour period within the caregiver’s place of residence. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 36 G. DAYLIGHTING: Restoration of a culverted or buried watercourse to a surface watercourse. H. DEDICATION: A deliberate appropriation of land by its owner for any general and public uses, reserving to himself/herself no other rights than such as are compatible with the full exercises and enjoyment of the public uses to which the property has been devoted. I. DEED OF DEDICATION: A formal dedication of right-of-way or easement to the City, to be approved by City Council, the Hearing Examiner, the Public Works Administrator or designee, or the Community and Economic Development Administrator or designee. J. DEMOLITION WASTE: Solid waste resulting from the demolition or razing of buildings, roads and other human-made structures. Demolition waste includes, but is not limited to, concrete, brick, bituminous concrete, wood and masonry, composition roofing and roofing paper, steel, and minor amounts of other metals like copper. K. DENSITY, GROSS: A measure of population, dwelling units, number of lots, or building area related to land area, and expressed as a ratio, i.e., one thousand (1,000) people per square mile, one dwelling unit per acre, or one lot per acre. L. DENSITY, NET: A calculation of the number of housing units and/or lots that would be allowed on a property after critical areas, i.e., very high landslide hazard areas, protected slopes (except evaluate on a case-by-case basis those protected slopes created by previous development), wetlands, Class 1 to 4 streams and lakes, or floodways, and public rights-of-way and legally recorded private access easements, are subtracted from the gross area (gross acres minus streets and critical areas multiplied by allowable housing units per acre). Developments meeting the definition of a shopping center are not required to deduct areas within access easements from the gross site area for the purpose of calculating net density. Required critical area buffers, streams that have been daylighted including restored riparian and aquatic areas, public and private alleys, unit lot drives, drives, joint use driveways (and the access easements upon them), and trails shall not be subtracted from gross acres for the purpose of net density calculations. All fractions which result from net density calculations shall be truncated at two (2) numbers past the decimal (e.g., 4.5678 becomes 4.56). Calculations for minimum or maximum density which result in a fraction that is one-half (0.50) or greater shall be rounded up to the nearest whole number. Those density calculations resulting in a fraction that is less than one-half (0.50) shall be rounded down to the nearest whole number. For the purpose of calculating AGENDA ITEM # 7. a) ORDINANCE NO. ________ 37 net density, co-living housing is treated as one-quarter (0.25) of a dwelling unit. M. DEPARTMENT: The Department of Community and Economic Development of the City of Renton, unless otherwise specified. N. DEPARTMENT ADMINISTRATOR: See ADMINISTRATOR. O. DEPOSIT AREA: The designated area(s) where refuse, recyclables, and compostables will be stored. P. DESIGNATED ZONE FACILITY: Any hazardous waste treatment and storage facility that requires an interim or final status permit under rules adopted under chapter 70.105 RCW and that is not a “preempted facility” as defined in RCW 70.105.010. Q. DETENTION/RETENTION FACILITIES: Facilities designed either to hold runoff for a short period of time and then release it to the point of discharge at a controlled rate or to hold water for a considerable length of time during which the volume is reduced through evaporation, evapotranspiration by plants, or infiltration into the ground. R. DETERMINATION OF NONSIGNIFICANCE (DNS): The written decision by the responsible official of the lead agency that a proposal is not likely to have a significant adverse environmental impact, and therefore an EIS is not required (WAC 197-11-310 and 197-11-340). The DNS form is in WAC 197-11- 970. S. DETERMINATION OF NONSIGNIFICANCE, MITIGATED (MDNS): A DNS that includes mitigation measures and is issued as a result of the process specified in WAC 197-11-350. T. DETERMINATION OF SIGNIFICANCE (DS): The written decision by the responsible official of the lead agency that a proposal is likely to have a significant adverse environmental impact, and therefore an EIS is required AGENDA ITEM # 7. a) ORDINANCE NO. ________ 38 (WAC 197-11-310 and 197-11-360). The DS form is in WAC 197-11-980 and must be used substantially in that form. U. DEVELOPABLE AREA: Land area outside of critical areas, critical area and shoreline buffers, and public rights-of-way that is otherwise developable. V. DEVELOPMENT: The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance and any use or extension of the use of land. W. DEVELOPMENT: (This definition for RMC 4-3-050, Critical Areas Regulations, use only.) Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. X. DEVELOPMENT: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel or minerals; bulkheading; driving of piling; placing of obstructions; or any other projects of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the Act at any state of water level. This does not include dismantling or removing structures if there is no other associated development or redevelopment. Y. DEVELOPMENT AGREEMENT: A recorded contract entered into by the city and an applicant setting forth development standards and other provisions governing and vesting a development or use for a duration of time specified in the contract. May be used to obligate an applicant to fund or provide services, infrastructure, or other facilities. Z. DEVELOPMENT PERMIT: Written permission after appropriate review for type of application from the appropriate decision-maker authorizing the division of a parcel of land, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure, utility, or any use or extension of the use of the land. AA. DEVELOPMENT REGULATIONS (for vesting purposes): The following controls placed on development or land use activities by the City, including but not limited to: Comprehensive Plan Policies, zoning regulations, subdivision regulations, shoreline management regulations, road design standards, site development regulations, sign regulations, critical areas regulations, and all regulations and land use controls that must be satisfied AGENDA ITEM # 7. a) ORDINANCE NO. ________ 39 as a prerequisite to obtaining approval of an application for development. For the purposes of this definition, construction and utility regulations such as stormwater standards and erosion/sediment control requirements contained in RMC Title IV, Development Regulations, building standards, fire standards, sewer utility standards, and Health Department standards are not considered development regulations or land use controls. RMC Title IV processes and procedures are not considered development regulations or land use controls. BB. DEVELOPMENT SERVICES DIRECTOR: The Director of the Development Services Division of the Department of Community and Economic Development or designee. CC. DISPLAY SURFACE: The area made available by the sign structure for the purpose of displaying the advertising message. DD. DISPLAY WINDOW: A window in a building facade intended for nonpermanent display of goods and merchandise. EE. DIVERSION FACILITY: A facility that provides inpatient healthcare for individuals that are self-admitted or ordered, diverted, or referred from jails, hospitals, doctors or similar treatment facilities or professionals, or by first responders, including law enforcement, hospital emergency department social workers, and similar professionals. Services may include an array of inpatient healthcare treatment and support services including but not limited to screening and assessment, psychological counseling, case management, crisis management, detox services, substance use and trauma-related treatment services, behavioral/mental health care, medical isolation, care, or treatment, counseling, respite services, and various levels of accommodations for sleeping purposes. Some outpatient healthcare services may be provided. Not included in this definition are congregate residences, assisted living facilities, adult family homes, group homes, convalescent centers, social service organizations, or homeless services uses. FF. DOCK: A fixed or floating platform extending from the shore over the water. GG. DOUBLE CHECK VALVE ASSEMBLY: See RMC 4-6-100. HH. DOUBLE-WALLED: See RMC 4-5-120G. II. DOWNTOWN BUSINESS DISTRICT: Those uses, buildings, and walkways within the area mapped in RMC 4-2-080D. In general, the area is bounded at the north by parcel lines near South Second Street, at the east by the Cedar River and I-405, at the south by parcel lines near South Fourth Street and AGENDA ITEM # 7. a) ORDINANCE NO. ________ 40 parcel lines along South Third Street, and at the west by parcels along Burnett Avenue South and Shattuck Avenue South. JJ. DRAINAGE AREA: The total area whose drainage water flows to and across the subject property. KK. DREDGING: The removal of earth from the bottom or banks of a body of water. LL. DRIP LINE: A tree’s drip line shall be described by a line projected to the ground from the outer edge of the tree canopy delineating the outermost extent of foliage in all directions. MM. DRIP LINE, PROTECTED: A tree drip line identified to be retained and preserved as an undisturbed, vegetated area that fully encompasses the drip line of a protected tree removed in violation of a land development permit. NN. DRIVE-IN/DRIVE-THROUGH RETAIL OR SERVICE: A business or a portion of a business where a customer is permitted or encouraged, either by the design of physical facilities or by service and/or packaging procedures, to carry on business in the off-street parking or paved area accessory to the business, while seated in a motor vehicle. In some instances, customers may need to get out of the vehicle to obtain the product or service. This definition shall include but not be limited to drive-in/drive-through services at eating and drinking establishments, fast-food restaurants, coffee stands, and banks and pharmacies. This definition excludes vehicle service and repair, vehicle fueling stations, and car washes. OO. DRIVEWAY, SHARED:  A single driveway serving two (2) or more adjoining lots, parcels, or tracts for the purposes of vehicular access. New shared driveways shall conform to the provisions of RMC 4-6-060J, Shared Driveway Standards. PP. DROP-OFF ZONE: A sidewalk area abutting a street intended for passengers to enter or exit vehicles that are temporarily parked for that purpose. QQ. DWELLING, ATTACHED: A dwelling unit connected to one or more dwellings by common roofs, walls, or floors or a dwelling unit or units attached to garages or other nonresidential uses. This definition includes all structures or portions of structures meeting this definition, but excludes boarding and lodging houses, adult family homes, and group home I or group home II, as defined herein. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 41 RR. DWELLING, DETACHED: A building containing one dwelling unit which is not attached to any other dwelling by any means except fences and is surrounded by open space or yards. This definition includes single-family dwellings and cottages. SS. DWELLING UNIT: A structure or portion of a structure designed, occupied, or intended for occupancy as a single residential unit providing complete, independent living facilities with separated living quarters, a kitchen, sleeping, and sanitary facilities provided for the exclusive use of a single household. For the purposes of this definition, “sanitary facilities” shall include a sink, a toilet, and a shower or bathtub. Dwelling units (attached or detached) include the following types: 1. Apartment(s): Multiple attached dwelling units in a residential building in which units may be separately rented or owned. Unit entrances are provided from a common internal corridor and individual units’ habitable area is provided on a single level. 2. Accessory dwelling unit(s): An independent subordinate dwelling unit that is located on the same lot as a single-family dwelling, courtyard apartment, stacked flat, duplex, triplex, fourplex, and/or townhouse, or on the same lot as a principal building actively operated with a nonresidential use by a religious institution or social service organization. This may include units over detached garages. 3. Co-Living Housing: A residential development with sleeping units that are independently rented and lockable and provide living and sleeping space, and residents share kitchen facilities with other sleeping units in the building. Other terms that refer to co-living housing include, but are not limited to, congregate living facilities, single room occupancy, rooming house, boarding house, lodging house, and residential suites. 4. Cottage(s): A detached, single-family dwelling unit that is oriented around a shared common open space within a unit lot subdivision. 45. Courtyard Apartment(s): Attached dwelling units arranged on two or three sides of a yard or court. 56. Garden Style Apartment(s): A dwelling unit that is one of several stacked vertically, with exterior stairways and/or exterior corridors and surface parking. Parking is not structured and may include detached carports or garages. Buildings and building entries are oriented toward internal drive aisles and/or parking lots and not street frontage. There is typically no formal building entry area connected to a public sidewalk and a public street. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 42 7. Middle Housing: Attached dwelling units that are compatible in scale, form, and character with single-family dwellings, having a permanent foundation, and containing two or more attached or stacked homes, including duplexes, triplexes, fourplexes, townhouses, stacked flats, and courtyard apartments. 8. Single-Family: A detached dwelling unit which is not attached to any other dwelling unit(s) by any means except fences, has a permanent foundation, and is surrounded by open space or yards. This definition does not include accessory dwelling units or manufactured homes. 9. Townhouse(s): A dwelling unit attached to one (1) or more such units by one or more common vertical walls in which each unit occupies the building from the bottom of the foundation to the roof, has at least two (2) exterior faces, front and rear ground-level access to the outside, and no unit is located over another unit. Townhouse units may be multistory. SECTION XV. Subsection 4-11-200.V. of the Renton Municipal Code is amended as follows: V. TRANSIT STOP, MAJOR (AREA A): (This definition applies to RMC 4-2-110C, Development Standards for Accessory Dwelling Units, use only.) A transit stop governed pursuant to the provisions of RCW 36.70A.535(11)(b) and RCW 36.70A.696(8) which includes any of the following: 1. A stop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW; 2. Commuter rail stops; 3. Stops on rail or fixed guideway systems, including transitways; 4. Stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or 5. Stops for a bus or other transit mode providing actual fixed route service at intervals of at least fifteen (15) minutes for at least five (5) hours during the peak hours of operation on weekdays. SECTION XVI. Subsection 4-11-200.W. of the Renton Municipal Code is amended as follows: AGENDA ITEM # 7. a) ORDINANCE NO. ________ 43 W. TRANSIT STOP, MAJOR (AREA B): (This definition applies to RMC 4-2- 110F, Development Standards for Middle Housing, use only.) A transit stop governed pursuant to the provisions of RCW 36.70A.030(257) which includes any of the following: 1. A stop on a high capacity transportation system funded or expanded under the provisions of chapter 81.104 RCW; 2. Commuter rail stops; 3. Stops on rail or fixed guideway systems; or 4. Stops on bus rapid transit routes, including those stops that are under construction. SECTION XVII. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION XVIII. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION XIX. This ordinance shall be in full force and effect on December 31, 2025. The summary shall consist of this ordinance’s title. AGENDA ITEM # 7. a) ORDINANCE NO. ________ 44 PASSED BY THE CITY COUNCIL this day of , 2025. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2025. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD-CED:25ORD019:10/10/2025 AGENDA ITEM # 7. a) EXHIBIT A 4-2-060 ZONING USE TABLE – USES ALLOWED IN ZONING DESIGNATIONS: USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 A. AGRICULTURE AND NATURAL RESOURCES Agriculture P35 P35 Home agriculture AC3 5 AC3 5 AC3 5 AC3 5 AC3 5 AC3 5 AC3 5 AC35 AC3 5 AC3 5 Natural resource extraction/recovery H H H H H H H H H H H H H H H H H H H Research – Scientific (small scale) P P P P P P P P P P P P P P P P P P P P P B. ANIMALS AND RELATED USES Beekeeping AC AC AC AC AC AC AC AC AC AC Kennels AD P37 P37 P37 AD AD AD AD AD Stables, commercial AD AD Pet day care P37 P37 P37 AD AD AD AD AD AD AD8 2 AD8 2 AG E N D A I T E M # 7 . a ) EXHIBIT A USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 Veterinary offices/clinics P AD42 P P P P112 P P P29 P P82 P82 C. RESIDENTIAL Single-family P P P P P P P Cottage P32 P32 P32 P32 P32 P32 P32 Apartments P P P P P6 P6 P6 P6 P16 P6 P6 P6 Middle housing P P P P P Garden style apartments P P P6 Townhouses P P P13 P13 P6 P6 P6 Accessory dwelling unit AC7 AC7 AC7 AC7 AC7 AC7 AC7 Manufactured homes P50 P50 P50 P50 P50 P P50 P50 D. OTHER RESIDENTIAL, LODGING AND HOME OCCUPATIONS Adult family home P P P P P P P P P P P P3 AG E N D A I T E M # 7 . a ) EXHIBIT A USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 Assisted living AD AD P P P P P3 P40 P P96 P96 Caretaker’s residence AC AC AC AC AC AC AC AC Congregate residenceCo- Living Housing P38 P38 P38 P38 P38 P39 ADP39 P39 P39 P6 P6 P6 P36 P16 P6 P6 P6 Group homes I AD H3 Group homes II for 6 or less AD P P P P P P P P P P P3 P Group homes II for 7 or more H H H H H H H H H P H H3 AD Home occupations (RMC 4-9-090) AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC Live-work unit AD AD AD Permanent supportive housing88 H H H H H H H H H H H H H H6 H6 H6 H6 H16 H6 H6 H6 Transitional housing88 H H H H H H H H H H H H H H6 H6 H6 H6 H16 H6 H6 H6 E. SCHOOLS AG E N D A I T E M # 7 . a ) EXHIBIT A USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 K-12 educational institution (public or private) H9 H9 H9 H9 H9 H9 H9 H9 H9 H9 H H H H9 H9 H9 H9 H9 H87 H87 Other higher education institution P29 P29 P29 P P P P21 AD8 7 AD8 7 Schools/studios, arts and crafts P P29 P29 P P P P Trade or vocational school P P H H H77 H77 F. PARKS Parks, neighborhood P P P P P P P P P P P P P P P P P P P P P Parks, regional/community, existing P P P P P P P P P P P P P P P P P P P P P Parks, regional/community, new AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD P P G. OTHER COMMUNITY AND PUBLIC FACILITIES Cemetery H H H H H H H H H H H H H H H H H AG E N D A I T E M # 7 . a ) EXHIBIT A USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 Religious institutions H H H H H H H H H H H H H H H H H H H H H Social service organizations H H H H H H H H H H H12 H21 H82 H82 Private club, fraternal organizations H H H H H H H H H H H H H H H H H12 H21 H82 H82 City government offices AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD P AD AD AD City government facilities H H H H H H H H H H H H H H H H H H H H H Community health engagement location (CHEL) Jails, existing municipal P Diversion facility H71 H71 Secure community transition facilities H71 H71 Other government facilities H H H H H H H H H H H H H H H AG E N D A I T E M # 7 . a ) EXHIBIT A USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 Other government maintenance facilities H H Other government offices AD42 P P P AD P112 P P P P P92 P92 Homeless services use H H H H H H H H H H H COVID-19 deintensification shelter P101 P101 P101 P101 P101 P101 H. OFFICE AND CONFERENCE Conference centers P P P H P P P P21 P18 P18 Medical and dental offices AD42 P P P AD P112 P P P P P92 P92 Offices, general AD42 P P P AD P112 P P P P P92 P92 I. RETAIL Adult retail use (RMC 4-3- 010) P P P P P P P12 Coffee stand80, 81 AD AD AD AD AD AD AD8 2 AD8 2 AG E N D A I T E M # 7 . a ) EXHIBIT A USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 Commissary kitchen31 P P P AC AC P26 AC P27 AC AC AC Drive-in/drive-through, retail19, 80 AC AC AC AC AC6 1 AC AC6 1 AC8 2 AC8 2 Eating and drinking establishments80, 81 P1 P1 P1 P1 P1 P1 P1 AD33 AD3 4 AD3 4 P29 P P P22 P61 P P61 P12 P82 P82 P82 Horticultural nurseries, existing AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD Horticultural nurseries, new AD AD2 9 Marijuana retail (RMC 4-1- 250) AD P AD P21 P82 P82 Mobile food vending P10 P10 P10 P10 P10 P10 P10 P10 P10 P10 P23 P23 P23 P10 P23 P23 P23 P23 P10 P10 P10 Retail sales AD33 AD AD AC AC AC P22 P P P P54 P21 P82 P82 Retail sales, outdoor P15 P15 P30 P30 P30 P15 P15 P15 P15 P15 Taverns AD P20 AD P21 P82 P82 AG E N D A I T E M # 7 . a ) EXHIBIT A USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 Vehicle sales, large P29 P29 P29 P29 Vehicle sales, small P P P P68 Walk-up window81 AD1 AD1 AD1 AD1 AD1 AD1 AD1 AD33 AD3 3 AD3 3 AD AD AD AD AD AD AD AD AD AD AD Wholesale retail P P P P29 P79 P79 J. ENTERTAINMENT AND RECREATION Adult entertainment business (RMC 4-3-010) P P P P P P12 Card room P52 P52 P52 P52 Cultural facilities H H H H H H H H H H AD AD AD AD AD AD AD AD AD AD AD Dance clubs P29 P29 P29 AD P20 AD P29 AD Dance halls P29 P29 P29 AD P20 AD P29 AD Gaming/gambling facilities, not-for-profit H29 H29 H29 H20 H29 AG E N D A I T E M # 7 . a ) EXHIBIT A USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 Movie theaters P29 P29 P29 AD P20 P P12 P82 P82 Smoking lounge Sports arenas, auditoriums, exhibition halls, indoor AD2 9 AD2 9 AD2 9 P20 P AD2 9 H18 H18 Sports arenas, auditoriums, exhibition halls, outdoor AD2 9 AD2 9 AD2 9 AD2 0 AD2 9 H18 H18 Golf courses (existing) P P P P P P P Golf courses, new H P H H H H H Marinas P P21 H H Recreational facilities, indoor, existing H P33 P29 P29 P29 P P P P54 P21 P82 P82 Recreational facilities, indoor, new H P29 P4 P P P91 P12 P21 P82 P82 AG E N D A I T E M # 7 . a ) EXHIBIT A USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 Recreational facilities, outdoor P29 P29 P29 H20 H29 H83 H83 K. SERVICES Bed and breakfast house, accessory AD AD AD AD AD AD AD AD AD P Bed and breakfast house, professional AD AD AD5 AD5 AD P Hotel P29 P29 P29 P P20 P P P P18 P18 Hotel, extended stay P29 P29 P29 P29 P Motel P29 P29 P29 P P20 Off-site services P29 P29 P29 P29 On-site services AD33 P29 P29 P29 P22 P P P P54 P21 P82 P82 Drive-in/drive-through service AC6 1 AC6 1 AC6 1 AC8 0 AC6 1 AC8 0 AC6 1 AC6 1 AC6 1 AC8 2 AC8 2 Adult day care I AC AC AC AC AC AC AC AC AC AC P P P P P P P P P P100 P100 AG E N D A I T E M # 7 . a ) EXHIBIT A USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 Adult day care II H H H H H H H H P P P P P P P P12 P21 P100 P100 Day care centers H25 H25 H25 H25 H25 H25 H25 H25 P P P P P P P P P21 P100 P100 Family day care AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC3 AC AC AC AC Convalescent centers H H H H H P AD P3 P40 AD AD9 6 AD9 6 Medical institutions H H H H H H H H H H29 H29 H H H H P H H H L. VEHICLE RELATED ACTIVITIES Car washes P P P AD2 P2 Fuel dealers H59 P Industrial engine or transmission rebuild P28 P28 P28 Parking garage, structured, commercial or public P P P P P20 P3 P P P92 P92 AG E N D A I T E M # 7 . a ) EXHIBIT A USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 Parking, surface, commercial or public, existing P29 P29 P29 P20 P3 AD Parking, surface, commercial or public, new P29 P29 P29 P20 AD Park and ride, dedicated P107 P107 P107 P107 P107 P107 P107 P107 P107 Park and ride, shared-use P P P P P P P P P P P P107 P109 P107 P P107 P107 Railroad yards P Taxi stand P AD AD Tow truck operation/auto impoundment yard P36 H59 P AD3 6 Transit centers H29 H29 H29 P H20 P H29 P P Truck terminals P Vehicle fueling stations P P P P P P29 AG E N D A I T E M # 7 . a ) EXHIBIT A USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 Vehicle fueling stations, existing legal P P P AD P P P29 Vehicle rental, small P P P P20 Vehicle and equipment rental, large P29 P29 P29 Vehicle service and repair, large AD2 P P Vehicle service and repair, small P2 P2 P2 AD2 AD2 AD2 Wrecking yard, auto H59 H Airplane manufacturing H59 P78 P78 Airplane manufacturing, accessory functions AC P78 P78 Airplane sales and repair P Airport, municipal P AG E N D A I T E M # 7 . a ) EXHIBIT A USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 Airport-related or aviation- related uses AC Helipads P111 H29 H29 H29 H H H78 H78 Helipads, commercial H H78 H78 M. STORAGE Bulk storage P29 P29 P29 Hazardous material storage, on site or off site, including treatment H24 H24 H24 Fulfillment center AD1 1 AD1 1 Outdoor storage, existing P29 P29 P29 P64 Outdoor storage, new P29 P29 P29 P64 Self-service storage AD2 9 P59 P H17 AG E N D A I T E M # 7 . a ) EXHIBIT A USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 Vehicle storage AD2 9 AD2 9 AD2 9 Warehousing AD1 1 AD1 1 AD1 1 Warehousing and distribution AD1 1 AD1 1 N. INDUSTRIAL Assembly and/or packaging operations P P P P86 P86 Commercial laundries, existing P29 P29 P29 P4 Commercial laundries, new P29 P29 P29 Construction/contractor’s office P P P Craft distilleries with tasting rooms, small wineries, and micro- breweries P P P P P P P P AG E N D A I T E M # 7 . a ) EXHIBIT A USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 Industrial, heavy P14 Laboratories: light manufacturing P29 P29 P29 AD P20 P3 AD5 4 P86 P86 Laboratories: research, development and testing P28 P P H P20 AD3 AD H P86 P86 Manufacturing and fabrication, heavy H59 P67 Manufacturing and fabrication, medium P67 P67 Manufacturing and fabrication, light P P P AD2 9 P P Recycling collection and processing center P28 P28 P28 P29 Recycling collection station P P P P P P P P P Sewage disposal and treatment plants H59 H AG E N D A I T E M # 7 . a ) EXHIBIT A USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 Waste recycling and transfer facilities H59 P O. UTILITIES Battery energy storage system facility Communication broadcast and relay towers H H H H H H H H H H H29 H29 H29 H H H H H H Electrical power generation and cogeneration H H H66 H66 H66 H66 H66 H66 H66 H66 H66 Utilities, small P5 P5 P5 P5 P5 P5 P5 P5 P5 P5 P P P P P P P P P P P Utilities, medium AD5 AD5 AD5 AD5 AD5 AD5 AD5 AD5 AD5 AD5 AD AD AD AD AD AD AD AD AD AD AD Utilities, large H5 H5 H5 H5 H5 H5 H5 H5 H5 H5 H H H H H H H H H H H Solar energy system, ground-mounted, small- scale AC AC AC AC AC AC AC AC AC AC P. WIRELESS COMMUNICATION FACILITIES AG E N D A I T E M # 7 . a ) EXHIBIT A USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 Amateur radio antenna AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 AD8 Camouflaged WCF AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD Concealed WCF AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD Major alterations to existing WCF structures AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD Minor alterations to existing WCF structures P P P P P P P P P P P P P P P P P P P P P Monopole I support structures H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 Monopole II support structures H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 H47 Small cells complying with a preferred concealment technique P P P P P P P P P P P P P P P P P P P P P Small cells submitting a concealment element plan AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AG E N D A I T E M # 7 . a ) EXHIBIT A USES: RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF RMF- 2 IL IM IH CN CV CA CD CO COR UC-1 UC-2 Stealth tower AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD AD Q. GENERAL ACCESSORY USES Accessory uses per RMC 4-2-050 and as defined in chapter 4- 11 RMC, where not otherwise listed in Use Table AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC AC Blank=Not Allowed P#=Permitted AD=Administrative Conditional Use AC=Accessory Use P=Permitted Use provided condition can be met H=Hearing Examiner Conditional Use #=Condition(s) Uses may be further restricted by: RMC 4-3-020, Airport Related Height and Use Restrictions; RMC 4-3-040C, Uses Permitted in the Renton Automall Improvement District; RMC 4-3-050, Critical Areas Regulations; RMC 4-3-090, Shoreline Master Program Regulations AG E N D A I T E M # 7 . a )